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ST. LOUIS SOUTH PARK v. MISSOURI DSS

No. WD 46944.

857 S.W.2d 304 (1993)

ST. LOUIS SOUTH PARK, INC., d/b/a Mercy Convalescent, Respondent, v. MISSOURI DEPARTMENT OF SOCIAL SERVICES, DIVISION OF MEDICAL SERVICES, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 1, 1993.

Application to Transfer Denied August 17, 1993.

Attorney(s) appearing for the Case

Richard Beaver, Jefferson City, for appellant.

Harvey M. Tettlebaum, Jefferson City, for respondent.

Before FENNER, P.J., and ULRICH and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 1, 1993.

FENNER, Presiding Judge.

Appellant, Missouri Department of Social Services, Division of Medical Services (the Department), appeals the decision of the circuit court which held that the Department's regulation implementing a new method of calculating the per diem rates to be paid nursing homes (the New Plan) violated equal protection. Respondent, St. Louis South Park, Inc., d/b/a Mercy...

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