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FRALIN v. KOZLOWSKI

Record No. 0289-93-3.

447 S.E.2d 238 (1994)

W. Heywood FRALIN, Executor of the Estate of Horace G. Fralin, Deceased, et al. v. Bruce U. KOZLOWSKI, Director of Department of Medical Assistance Services, et al.

Court of Appeals of Virginia.

July 26, 1994.

Attorney(s) appearing for the Case

M. Caldwell Butler, Roanoke (Neil V. Birkhoff; Frank K. Friedman; Woods, Rogers & Hazlegrove, on briefs), for appellants.

Roger L. Chaffe, Sr. Asst. Atty. General (Stephen D. Rosenthal, Atty. Gen., Pamela M. Reed, Ternon G. Burton; Asst. Attys. Gen., on brief), for appellees.

Present: COLEMAN, WILLIS and FITZPATRICK, JJ.

FITZPATRICK, Judge.

The sole issue in this appeal is whether a related third-party builder may recover a return on equity capital invested during the initial construction of a Medicaid provider nursing facility. Fralin argues that the trial court erred in upholding the Virginia Department of Medical Assistance Services ("DMAS") decision to deny Medicaid reimbursement to Medical Facilities of America ("MFA") for return on equity capital used by MFA's related third...

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