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GREENBRIAR NURSING HOME, INC. v. PILLEY

No. 93-CC-2059.

637 So.2d 429 (1994)

GREENBRIAR NURSING HOME, INC., Guest House of Slidell, Inc., Forrest Manor, Inc., Lacombe Nursing Home Inc., and Pontchartrain Guest House Inc. v. Christopher PILLEY, His Capacity as Secretary of the Louisiana State Department of Health and Hospitals.

Supreme Court of Louisiana.

May 23, 1994.

Attorney(s) appearing for the Case

James A. Cobb, Jr., John Francis Emmett, Emmett, Cobb, Waits & Kessenich, New Orleans, for applicant.

Jerry L. Phillips, Philip B. Waters, Baton Rouge, for respondent.

LEMMON, Justice.*

This action involves the interpretation of Section 1122 of the Social Security Act, 42 U.S.C. § 1320a-1 (Supp.1975), which authorized federal reimbursement of capital expenditures made by or on behalf of a health care facility after a designated state agency approves the necessity of the facility. Competing health care facilities filed this action to require (by mandatory injunction) the Louisiana State Department...

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