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INDIANA STATE BD. OF PUB. WELFARE v. TIOGA PINES

No. 30A01-9106-CV-176.

637 N.E.2d 1306 (1994)

INDIANA STATE BOARD OF PUBLIC WELFARE, Indiana Department of Public Welfare, and Suzanne Magnant, in Her Capacity As Administrator of the Indiana Department of Public Welfare, Appellants-Defendants, v. TIOGA PINES Living Center, Inc., Communicare of Indiana, Inc., d/b/a American Village Retirement Community, Bloomington Convalescent Center, Inc. Meadow Heights Nursing Center, Inc., d/b/a Lincoln Hills of New Albany, Appellees-Plaintiffs.

Court of Appeals of Indiana, First District.

Rehearing Denied August 30, 1994.

Attorney(s) appearing for the Case

Charles A. Miller, S. William Livingston, Jr., Mark H. Lynch, Covington & Burling, Washington, DC, Pamela Carter, Atty. Gen., Gordon E. White, Jr., Deputy Atty. Gen., Eric N. Allen, Brand & Allen, Greenfield, for appellants.

David F. McNamar, Randall R. Fearnow, Janet A. McSharar, Alastair J. Warr, McNamar, Fearnow & McSharar, Indianapolis, Michael J. Tosick, Greenfield, Malcolm J. Harkins, III, Mark J. Biros, David M. Levine, William M. Altman, Proskauer Rose Goetz & Mendelsohn, Washington, DC, Paul R. Black, Brian W. Welch, McHale, Cook & Welch, Indianapolis, for appellees.

ROBERTSON, Judge.

The defendants below, the Indiana State Board of Public Welfare; the Indiana Department of Public Welfare; and, Suzanne Magnant, in her capacity as the Administrator of the Indiana Department of Public Welfare (hereinafter collectively referred to as the State) bring this interlocutory appeal pursuant to Ind.Appellate Rule 4(B)(3) to challenge the entry of a preliminary injunction, and the denial of the State's motion to dissolve the injunction,...

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