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LINTON BY ARNOLD v. COM'R OF HEALTH & ENVIRONMENT

Nos. 93-6142, 93-6143, 93-6144, 93-6146 and 93-6147.

30 F.3d 55 (1994)

Mildred Lea LINTON, by her next friend Kathy ARNOLD, on her own behalf and on behalf of all other persons similarly situated, Plaintiff-Appellee, Belle Carney, by her next friend Mary Kimble, on her own behalf and on behalf of all other persons similarly situated, Intervening Plaintiff-Appellee, v. COMMISSIONER OF HEALTH AND ENVIRONMENT, STATE OF TENNESSEE, Defendant-Appellee, St. Peter Villa, Inc. (93-6142); Presbyterian Homes of Tennessee, Inc. (93-6143); RHA/Sullivan, Inc. (93-6144); Cedars Health Care Center, Inc. (93-6146); and McKendree Village, Inc. (93-6147), Intervening Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

July 19, 1994.

Attorney(s) appearing for the Case

Gordon Bonnyman, Legal Services of Middle Tennessee, Inc., Nashville, TN, for plaintiff-appellee, intervenor-appellee.

Jennifer Helton Small, Asst. Atty. Gen., General Civil Div., Nashville, TN, for defendant-appellee.

Joseph W. Metro, Reed, Smith, Shaw & McClay, Washington, DC, William M. Barrick, Nashville, TN, for intervenors-appellants.

Before: NELSON and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

KRUPANSKY, Senior Circuit Judge.

The Intervening Defendants-Appellants are nursing homes that have sought review of the July 5, 1990, judgment of the district court adopting a remedial plan in this action under the Medicaid Act and Title VI of the Civil Rights Act. In an earlier appeal, this court concluded that the intervenors had standing to appeal the 1990 remedial plan as a result of injuries arising from the mandatory "lock-in" provision of the plan. Linton...

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