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IND. PHARMACISTS v. IND. FAMILY AND SOCIAL SERVICES

No. IP 94-328 C.

881 F.Supp. 395 (1994)

INDIANA PHARMACISTS ASSOCIATION, Austin Pharmacy, Inc., and Wells Yeager Best, Co., Inc., Plaintiffs, v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION; Cheryl Sullivan, as Secretary of the Indiana Family and Social Services Administration; Indiana Office of Medicaid Policy and Planning; and James M. Verdier, as Assistant Secretary and Director of the Indiana Office of Medicaid Policy and Planning, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

December 13, 1994.

Attorney(s) appearing for the Case

Richard W. McMinn, Hall, Render, Killiam, Heath & Lyman, Indianapolis, IN, for plaintiffs.

Beth H. Henkel, Deputy Atty. Gen., Jill E. Zengler, Asst. U.S. Atty., Indianapolis, IN, for defendants.

MEMORANDUM ENTRY

BARKER, Chief Judge.

This matter is before the Court on Plaintiffs' motion for summary judgment. For the reasons stated below, Plaintiffs' motion is granted insofar as it requests injunctive and declaratory relief. However, the issues of class certification and damages remain to be decided and require further briefing.

I. BACKGROUND

In this case the Court is asked to decide whether Indiana's Medicaid regulations governing...

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