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TOTAL CARE, INC. v. SULLIVAN

No. C-C-90-128-P.

754 F.Supp. 1097 (1991)

TOTAL CARE, INC. a North Carolina Corporation, Plaintiff, v. Louis SULLIVAN, as Secretary of the United States Department of Health and Human Services; Gail Wilensky, as Administrator of the Health Care Financing Administration; George R. Holland, as Regional Administrator Region IV-Health Care Financing Administration; James C. Holloway, as Executive Director, Department of Operations, Federal Programs, The Blue Cross and Blue Shield Association; the Blue Cross and Blue Shield Association; and Blue Cross and Blue Shield of South Carolina, Defendants.

United States District Court, W.D. North Carolina.

January 8, 1991.

Attorney(s) appearing for the Case

Charles F. MacKelvie, Chicago, Ill., Charles E. Johnson, Charlotte, N.C., for plaintiff.

James M. Sullivan, U.S. Atty.'s Office, Charlotte, N.C., Linda A. Ruiz, Lawrence M. Meister, Health Care Financing Div., HHS, Baltimore, Md., for defendants.

MEMORANDUM OF DECISION AND ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on the renewed motion, filed November 14, 1990, of Defendant Louis W. Sullivan, Secretary of the United States Health and Human Services, to dismiss this action for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. On November 23, 1990, Plaintiff filed a memorandum in opposition to Defendants' renewed motion...

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