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ILLINOIS HOSP. ASS'N v. EDGAR

No. 90 C 6394.

765 F.Supp. 1343 (1991)

ILLINOIS HOSPITAL ASSOCIATION, et al., Plaintiffs, v. Jim EDGAR, in his official capacity as Governor of the State of Illinois, et al., Defendants.

United States District Court, N.D. Illinois, E.D.

April 26, 1991.

Attorney(s) appearing for the Case

James J. Casey, Lawrence A. Manson, Dorothy Voss Ward, Keck, Mahin & Cate, Chicago, Ill., Mark D. Deaton, Illinois Hosp. Ass'n, Naperville, Ill., for plaintiffs.

James C. O'Connell, Owen M. Field, Illinois Atty. General's Office, Chicago, Ill., for defendants James R. Thompson and Kathleen B. Kustra.

Linda A. Wawzenski, U.S. Atty.'s Office, Chicago, Ill. (Donna Morros Weinstein, Chief Counsel, Barbara F. Altman, Asst. Regional Counsel, Dept. of Health & Human Services, Chicago, Ill., of counsel), for defendant Louis R. Sullivan, M.D.

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter is before the court on the defendants' motions to dismiss for lack of subject-matter jurisdiction and failure to state a claim upon which relief can be granted. For the reasons set forth below, the federal defendant's motion is granted in full while the state defendant's motion is granted in part and denied in part.

BACKGROUND

The plaintiffs in this suit are the Illinois Hospital Association...

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