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VOLK v. STATE, DEPT. OF HUMAN RESOURCES

87-0640C; CA A50092.

799 P.2d 658 (1990)

104 Or.App. 27

Jessica VOLK, an Individual; Beverly Enterprises, Inc., Dba Beverly Enterprises, Dba Raleigh Care Center, a California Corporation; Graystone Manor Convalescent Center, an Oregon Corporation; and Care Center (Franklin) Inc., Dba Franklin Care Center, an Oregon Corporation, Respondents, v. STATE OF OREGON, by and through Its Department of Human Resources, Senior Services Division, and Richard C. Ladd, Director, Senior Services Division, Appellants.

Court of Appeals of Oregon.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Rick T. Haselton, Portland, argued the cause for respondents. With him on the brief were Thomas E. McDermott, Margaret Murphy Carley and Lindsay, Hart, Neil & Weigler, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs, three privately owned nursing care facilities and a resident of one of the facilities, brought this declaratory judgment proceeding, alleging that they have been deprived by defendants of rights secured to them by federal law. 42 U.S.C. § 1983.1 They seek a declaration that Medicaid reimbursement rates established by the Department of Human Resources, Senior Services Division (DHR), pursuant to...

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