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SOMERSET HOUSE, INC. v. TURNOCK

Nos. 89-1854, 89-1956.

900 F.2d 1012 (1990)

SOMERSET HOUSE, INC., Plaintiff-Appellee, Cross-Appellant, v. Bernard J. TURNOCK, as Director of the Illinois Department of Public Health, and John R. Lumpkin, as Associate Director of the Illinois Department of Public Health, Defendants-Appellants, Cross-Appellees, and Susan S. Suter, as Director of the Illinois Department of Public Aid, Defendant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 1990.

Attorney(s) appearing for the Case

Jeanne M. Sylvester, Robert K. Neiman, Howard M. Hoffmann, Holleb & Coff, Chicago, Ill., for plaintiff-appellee, cross-appellant.

Valerie J. Peiler, Edward T. McAuliff, Sean Mulroney, Deputy Attys. Gen., Jill Deutsch, James C. O'Connell, Asst. Attys. Gen., Office of the Atty. Gen., Welfare Litigation Div., Chicago, Ill., for defendants-appellants, cross-appellees.

Before FLAUM and EASTERBROOK, Circuit Judges, and GRANT, Senior District Judge.

FLAUM, Circuit Judge.

Plaintiff Somerset House, a nursing home located in Chicago, Illinois, brought this § 1983 action to enjoin Turnock and Lumpkin, the Director and Associate Director of the Illinois Department of Public Health (the "Department"), respectively, and Suter, the Director of the Department of Public Aid (the "IDPA"), from implementing statutory remedies created by the Nursing Home Care Reform Act, ILL.REV.STAT. ch. 111 1/2, ¶ 4151-101,

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