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LINTON v. COMMISSIONER OF HEALTH AND ENVIRONMENT

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

65 F.3d 508 (1995)

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, Plaintiff/Intervenor-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); McKendree Village, Inc. (93-6147), Defendants/Intervenors-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1995.

Rehearing and Suggestion for Rehearing Denied October 23, 1995.

Attorney(s) appearing for the Case

Gordon Bonnyman (briefed and argued), Legal Services of Middle Tennessee, Inc., Nashville, TN, for Mildred Lea Linton, Belle Carney.

Jennifer Helton Small, Asst. Atty. Gen. (argued), Office of the Attorney General, General Civil Division, Nashville, TN, for Commissioner of Health and Environment, State of Tenn.

Joel M. Hamme (briefed), Joseph W. Metro (briefed), Reed, Smith, Shaw & McClay, Washington, DC, William M. Barrick (argued and briefed), Nashville, TN, for St. Peter Villa, Inc., Presbyterian Homes of Tennessee, Inc., RHA/Sullivan Inc., Brook Meade Health Care Center, Inc., Cedars Health Care Center, Inc., McKendree Village, Inc.

Before: JONES, GUY, and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 23, 1995.

RALPH B. GUY, Jr., Senior Circuit Judge.

This case involves a class action suit brought in 1987 against the Commissioner of the Tennessee Department of Health and Environment (Tennessee).1 The plaintiffs are current or future Medicaid-eligible individuals who seek nursing facility services.2

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