TEKKNO LABORATORIES, INC. v. PERALES

No. 1293, Docket 90-9104.

933 F.2d 1093 (1991)

TEKKNO LABORATORIES, INC., Plaintiff-Appellee, v. Cesar A. PERALES, Commissioner of the Department of Social Services of the State of New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 20, 1991.


Attorney(s) appearing for the Case

Mark E. Watkins, (Cooper, Erving, Savage, Nolan & Heller, Albany, N.Y., on the brief), for plaintiff-appellee.

Harvey M. Berman, Asst. Atty. Gen. (Robert Abrams, Atty. Gen., State of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., Robert J. Schack, Gerald Slotnik, Asst. Attys. Gen., New York City, on the brief), for defendant-appellant.

Before OAKES, Chief Judge, TIMBERS and KEARSE, Circuit Judges.


KEARSE, Circuit Judge:

Defendant Cesar A. Perales, Commissioner of the Department of Social Services of the State of New York ("State" or "DSS") appeals from orders of the United States District Court for the Southern District of New York, John F. Keenan, Judge, preliminarily enjoining the State from delaying payment of Medicaid claims submitted to it by plaintiff Tekkno Laboratories, Inc. ("Tekkno"), and holding the State in contempt for noncompliance. On...

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