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WESTSHIRE RET. CEN. v. DEPT. OF PUB. AID

No. 1-93-3885.

658 N.E.2d 1286 (1995)

276 Ill.App.3d 514

213 Ill.Dec. 265

WESTSHIRE RETIREMENT AND HEALTHCARE CENTER, Plaintiff-Appellant and Cross-appellee, v. The DEPARTMENT OF PUBLIC AID et al., Defendant-Appellees, Crossappellants.

Appellate Court of Illinois, First District, First Division.

December 4, 1995.

Attorney(s) appearing for the Case

Vedder, Price, Kaufman & Kammholz, Chicago, for Appellant (Richard F. Zehnle and Neal A. Crowley, of counsel).

Roland W. Burris, Attorney General of Illinois and Rosalyn B. Kaplan, Solicitor General of Illinois, for Appellees (James C. O'Connell, James C. Stevens, and James L. Adelman, Special Assistant Attorneys General, of counsel).

Presiding Justice CAMPBELL delivered the opinion of the court:

Plaintiff Westshire Retirement and Health Care Center ("Westshire") filed a five-count complaint in the circuit court of Cook County against defendants Illinois Department of Public Aid (IDPA) and IDPA Director Philip C. Bradley, challenging the validity and legality of a Medicaid reimbursement regulation promulgated by IDPA in 1985 ("the 1985 regulation"). On cross-motions for summary judgment, the circuit...

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