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NUCLEOPATH, INC. v. IND. PUBLIC WELFARE

No. 49A02-9312-CV-665.

639 N.E.2d 656 (1994)

NUCLEOPATH, INC., and Medical Diagnostics, P.C., Appellants-Petitioners, v. INDIANA STATE DEPARTMENT OF PUBLIC WELFARE AND THE STATE BOARD OF PUBLIC WELFARE, Appellees-Respondents.

Court of Appeals of Indiana, First District.

Transfer Denied December 16, 1994.

Attorney(s) appearing for the Case

Gerald G. Goldberg, Joseph P. O'Halloran, Robert A. Bauerschmidt, Widman, Goldberg & Zulkie, Chicago, Brent D. Taylor, Scott M. Kosnoff, Baker & Daniels, Indianapolis, for appellants.

Pamela Carter, Atty. Gen., Gordon E. White, Jr., Deputy Atty. Gen., Indianapolis, for appellees.

BAKER, Judge.

We decide today whether the appellee-respondent Indiana State Department of Public Welfare (Department) wrongfully denied Medicaid reimbursement for clinical laboratory services by appellant-petitioners Nucleopath, Inc. and Medical Diagnostics, P.C. (collectively Laboratories). The Laboratories attack the trial court's decision affirming the interpretation of the appellee-respondent State Board of Public Welfare2 (Board)...

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