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ILLINOIS COUNCIL ON LONG TERM CARE v. BRADLEY

No. 91-1701.

957 F.2d 305 (1992)

ILLINOIS COUNCIL ON LONG TERM CARE, Gilman Nursing Center, an Illinois limited partnership, Spring Valley Nursing Center, an Illinois limited partnership, et al., Plaintiffs-Appellants, v. Phillip BRADLEY, in his official capacity as Director of the Illinois Department of Public Aid, Dawn C. Netsch, in her official capacity as Comptroller of the State of Illinois and Patrick J. Quinn, in his official capacity as Treasurer of the State of Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 18, 1992.

Attorney(s) appearing for the Case

Richard F. Zehnle (argued), Neal A. Crowley, Ann C. McKenzie, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., for plaintiffs-appellants.

James C. O'Connell, Asst. Atty. Gen. (argued), Owen M. Field, Welfare Litigation Div., Chicago, Ill., for defendants-appellees.

Before POSNER, MANION and KANNE, Circuit Judges.

MANION, Circuit Judge.

The Illinois Council on Long Term Health Care, an organization representing the interests of nursing homes in Illinois, and two of its member nursing homes sued various Illinois state officials for allegedly violating the Medicaid Act, 79 Stat. 343, as amended, 42 U.S.C. § 1396 et seq., by delaying payments to nursing homes for services provided to poor residents. The plaintiffs moved in the district court for a preliminary injunction...

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