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MISSOURI HEALTH CARE v. MISSOURI DSS

No. WD 46972.

851 S.W.2d 567 (1993)

MISSOURI HEALTH CARE ASSOCIATION, EBG III, Inc., d/b/a Woodland Manor, and EBG IV, Inc., d/b/a Ozark Nursing and Care Center, Respondents, v. MISSOURI DEPARTMENT OF SOCIAL SERVICES and Gary J. Stangler, its Director, and Donna Checkett, Director, Division of Medical Services, Appellants, Wendell Bailey, State Treasurer for the State of Missouri, Defendant, and James R. Moody, Commissioner, Missouri State Office of Administration, Defendant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 30, 1993.

Application to Transfer Denied May 25, 1993.

Attorney(s) appearing for the Case

William R. Rapps, Richard Beaver, Jefferson City, for appellants.

Harvey M. Tettlebaum, Marshall Wilson, Jefferson City, for respondents.

Before LOWENSTEIN, C.J., and TURNAGE and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 30, 1993.

TURNAGE, Judge.

Missouri Health Care Association, EBG III, Inc., d/b/a Woodland Manor, and EBG IV, Inc., d/b/a Ozark Nursing and Care Center, filed suit against the Department of Social Services (DSS) and certain officials of that department and two state officials seeking a declaratory judgment and injunctive relief.1 The court entered a declaratory judgment...

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