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WOLFORD BY MACKEY v. LEWIS

No. 2:92-1151.

860 F.Supp. 1123 (1994)

Paul WOLFORD, by his next friend, Lida MACKEY; Henry BIAS, by his next friend, Lida Mackey; and Coy Burdette, individually and on behalf of all others similarly situated, Plaintiffs v. Gretchen LEWIS, in her official capacity as Secretary, West Virginia Department of Health and Human Resources; Ann Stottlemyer, in her official capacity as Director, Medical Services, West Virginia Department of Health and Human Resources; Lynda G. Kramer, in her official capacity as Director, Office of Health Facilities-Licensure and Certification, Bureau of Administration and Finance, West Virginia Department of Health and Human Resources; Sandra L. Daubman, in her official capacity as Program Administrator, Office of Health Facilities-Licensure and Certification, Bureau of Administration and Finance, West Virginia Department of Health and Human Resources; and Gaston Caperton, in his official capacity as Governor of the State of West Virginia, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

March 21, 1994.

Attorney(s) appearing for the Case

Daniel F. Hedges, Appalachian Research & Defense Fund, Charleston, WV, Jane Perkins, Nat. Health Law Program, Chapel Hill, NC, for plaintiffs.

Darrell V. McGraw, Jr., Thomas M. Woodward, Office of Atty. Gen., Charleston, WV, for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the plaintiffs' motion for summary judgment on the first, second, third and eighth claims set forth in their amended complaint.1 The materials before the court consist of the parties' pleadings, stipulation of facts, stipulated exhibits, memoranda of law, supporting appendices and order of class action certification.

I. Keys Amendment...

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