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INDEPENDENT NURSING HOME ASS'N v. SMITH

No. 90-1382.

936 F.2d 793 (1991)

INDEPENDENT NURSING HOME ASSOCIATION, Plaintiff-Appellee, v. J. Clinton SMITH, M.D., in his official capacity as Director of the State of Mississippi Division of Medicaid in the Office of the Governor, Defendant-Appellant. MISSISSIPPI HEALTH CARE ASSOCIATION, Plaintiff-Appellee, v. J. Clinton SMITH, M.D. in his official capacity as Director of the State of Mississippi Division of Medicaid in the Office of the Governor, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 16, 1991.

Attorney(s) appearing for the Case

Thomas E. Childs, Jr., Russell & Childs, Fulton, Miss., Mitzi E. Dease, Sp. Asst. Atty. Gen., Jackson, Miss., for J. Clinton Smith, M.D.

Barry K. Cockrell, Richard W. Cowart, Watkins, Ludlam & Stennis, Jackson, Miss., for Independent Nursing Home Ass'n.

John L. Maxey, II, S. Mark Wann, Jackson, Miss., for Mississippi Health Care Ass'n.

Before WISDOM, KING, and JOLLY, Circuit Judges.

ON PETITION FOR REHEARING*

(Opinion April 11, 1991, 5th Cir.1991, 928 F.2d 181)

E. GRADY JOLLY, Circuit Judge:

J. Clinton Smith, Director of the Mississippi Division of Medicaid (hereinafter "DOM"), appeals from a judgment below that permanently enjoins him from enforcing a 1984 amendment to Mississippi's state Medicaid plan. The district court issued the injunction on the basis that the

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