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LINTON BY ARNOLD v. COM'R OF HEALTH AND ENV.

Nos. 91-5021 to 91-5026.

973 F.2d 1311 (1992)

Mildred Lea LINTON, by her next friend Kathy ARNOLD, on her own behalf and on behalf of all other persons similarly situated, Plaintiff-Appellee, Belle Carney, by her next friend Mary Kimble, on her own behalf and on behalf of all other persons similarly situated, Intervening Plaintiff-Appellee, v. COMMISSIONER OF HEALTH AND ENVIRONMENT, STATE OF TENNESSEE, Defendant-Appellee, St. Peter Villa, Inc. (91-5021); McKendree Village, Inc. (91-5022); Cedars Health Care Center, Inc. (91-5023); Brook Meade Health Care Center (91-5024); RHA/Sullivan, Inc. (91-5025); Presbyterian Homes of Tennessee, Inc. (91-5026), Movants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 4, 1992.

Attorney(s) appearing for the Case

Napoleon B. Williams, Jr., New York City, Gordon Bonnyman (argued and briefed), Nashville, Tenn., Pamela Ford Wright, Huntington, Tenn., for plaintiffs-appellees.

Charles W. Burson, Atty. Gen., Jennifer Helton Small, Asst. Atty. Gen. (briefed), Office of the Attorney General, Nashville, Tenn., for defendant-appellee.

John C. Lyell (briefed), Lyell, Seaman & Shelton, William M. Barrick (argued and briefed), Nashville, Tenn., for movants-appellants.

Before: NELSON and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

KRUPANSKY, Senior Circuit Judge.

Movants-appellants, six nursing homes licensed in the State of Tennessee (movants), have appealed the district court's denial of their individual motions to intervene in this action which were filed twenty-five days after the court had entered its final judgment on July 5, 1990, wherein it had adopted in its entirety a proposed plan drafted by the Tennessee Department of Health and Environment (TDHE) in compliance with a court order...

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