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KELLY KARE, LTD. v. O'ROURKE

No. 1106, Docket 90-9107.

930 F.2d 170 (1991)

KELLY KARE, LTD., Joan C. Kelly, Kevin McNulla, on Behalf of Himself and All Others Similarly Situated, and Charlotte Cohen, on Behalf of Herself and All Others Similarly Situated, Plaintiffs-Appellants, v. Andrew P. O'ROURKE, Westchester County Executive, Westchester County, Westchester County Department of Social Services, John J. Allen, or His Successor, Commissioner of the Westchester County Department of Social Services ("WCDSS"), S. Reitano, First Deputy Commissioner WCDSS, Phyllis Shearer, Deputy Commissioner, WCDSS, Joseph J. Campanella, Program Coordinator of WCDSS, Patricia Quirk, Supervising Examiner WCDSS, Adrienne Young, Program Coordinator of WCDSS, Ms. Califano, WCDSS Supervisor, Cindy Capone, WCDSS Personal Care Worker, Donald Williams, WCDSS Caseworker, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 5, 1991.

Attorney(s) appearing for the Case

James S. Frank (Vedder, Price, Kaufman, Kammholz & Day, New York City, Michael W. Sculnick and Neil A. Capobianco, of counsel) for plaintiffs-appellants.

Frank Marocco (Westchester County Attorney's Office, White Plains, N.Y., Marilyn J. Slaaten, Westchester County Atty., and Carol L. Van Scoyoc, Deputy County Atty., Westchester County, of counsel) for defendants-appellees.

Before WINTER, ALTIMARI and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

The Westchester County Department of Social Services ("WCDSS") decided — without giving any reason — to terminate the Medicaid reimbursement contract of plaintiff Kelly Kare, Ltd. ("Kelly Kare"), a provider of health-care services to individuals who require medical assistance in their homes. Kelly Kare assails this as an unconstitutional deprivation of property and liberty because it limits Kelly Kare's status as a qualified...

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