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OREGON ASS'N OF HOMES v. STATE, DEPT. OF HUMAN RES.

Nos. 91-36075, 91-36371.

5 F.3d 1239 (1993)

OREGON ASSOCIATION OF HOMES FOR THE AGING, INC.; Presbyterian Nursing Home Inc., dba Presbyterian Care Center; Mercy Care Center Benedictine Nursing Center; Lutheran Homes & Hospital Inc., dba Fairlawn Towne & Health Center; Plaintiffs-Appellees, v. STATE OF OREGON, By and Through its DEPARTMENT OF HUMAN RESOURCES; Senior and Disabled Services Division; Richard C. Ladd, Director of Senior and Disabled Services Division; Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1993.

Attorney(s) appearing for the Case

Thomas M. Christ, Mitchell, Lang & Smith, Portland, OR, Jody Ann Noon, Noon, Kraemer & Coombs, Tigard, OR, for plaintiffs-appellees.

Jas. Adams, Asst. Atty. Gen., Oregon Dept. of Justice, Salem, OR, for defendants-appellants.

Before: TANG, POOLE and RYMER, Circuit Judges.

POOLE, Circuit Judge:

The state of Oregon appeals the district court's partial summary judgment in favor of Medicaid Nursing Homes in the nursing homes' 42 U.S.C. § 1983 action challenging the state's reclassification of nursing services into rate categories receiving lower reimbursement under the state's Medicaid plan (No. 91-36075). The state also asks that this court vacate the district court's award of attorney's fees to the nursing homes in the event that...

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