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OR. ASS'N OF HOMES FOR THE AGING v. STATE OF OR.

Civ. Nos. 90-6494-JO, 93-1598-JO.

884 F.Supp. 382 (1994)

OREGON ASSOCIATION OF HOMES FOR THE AGING, INC., et al., Plaintiff, v. STATE OF OREGON, By and Through its DEPARTMENT OF HUMAN RESOURCES, SENIOR AND DISABLED SERVICES DIVISION, et al., Defendants. OREGON HEALTH CARE ASSOCIATION, an Oregon corporation, et al., Plaintiffs, v. STATE OF OREGON, By and Through its DEPARTMENT OF HUMAN RESOURCES, SENIOR AND DISABLED SERVICES DIVISION, et al., Defendants.

United States District Court, D. Oregon.

October 21, 1994.

Attorney(s) appearing for the Case

Jody Ann Noon, Davis Wright Tremaine, Portland, OR, William Altman, Laura Oberbroeckling, Mark J. Biros, Proskauer Rose Goetz & Mendelsohn, Washington, DC, for plaintiffs Oregon Ass'n of Homes for the Aging, Inc.; Presbyterian Nursing Home, Inc.; Mercy Care Center Benedictine Nursing Center; Lutheran Homes & Hospitals, Inc.; Oregon Health Care Ass'n.

Jacob B. Tanzer, Phillip E. Joseph, Ball Janik & Novack, Portland, OR, Mark J. Biros, Proskauer Rose Goetz & Mendelsohn, Washington, DC, for plaintiff Oregon Health Care Ass'n; Mt. St. Joseph Residence & Extended Care Center.

Eric James Bloch, Dept. of Justice, Salem, OR, for defendants State of Oregon; James Wilson, Director, Senior and Disabled Services Division; Kevin W. Concannon, Director.

OPINION AND ORDER

ROBERT E. JONES, District Judge:

This matter is before the Court on Defendants' (State of Oregon and Department of Human Resources) Motion to Reconsider and Vacate (166-1) and Plaintiffs' (OAHA and OHCA) Motion for a Preliminary Injunction (169-1).

Defendants move for reconsideration of the Court's decision on July 12, 1994 to grant in part and deny in part Defendants' motion to dismiss Plaintiffs' fifth amended complaint...

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