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STRATFORD NURSING & CONVALESCENT CTR. v. KILSTEIN

Civ. No. 88-359.

802 F.Supp. 1158 (1991)

STRATFORD NURSING AND CONVALESCENT CENTER, INC. a New Jersey Corporation, Plaintiff, v. Saul KILSTEIN, in his capacity as Director of Division of Medical Assistance and Health Services of the New Jersey Department of Human Services, Thomas Russo, individually and as the director of the Division of Medical Assistance and Health Services of the New Jersey Department of Human Services and Melissa Hager, individually and as agent of the Division of Medical Assistance and Health Services of New Jersey Department of Human Services, Defendants.

United States District Court, D. New Jersey.

November 15, 1991.

Attorney(s) appearing for the Case

Marvin Neiman, Elizabeth, NJ, for plaintiff.

Robert J. Del Tufo, Atty. Gen. of New Jersey, Trenton, NJ, for defendants; Benjamin Clarke, Deputy Atty. Gen., of counsel, Edward Devine, Deputy Atty. Gen., on brief, Trenton, NJ.

OPINION

DEBEVOISE, District Judge.

This matter comes before the court on Defendants' motion for summary judgment pursuant to Fed.R.Civ.P. 59 on all counts of Plaintiff's complaint. In addition, Plaintiff cross-moves for summary judgment on all counts of its Complaint. For the reasons set forth below, Defendants' motion will be granted and the complaint will be dismissed.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Plaintiff, Stratford Nursing...

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