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CHEZEM v. BEVERLY ENTERPRISES-TEXAS, INC.

No. 94-40710.

66 F.3d 741 (1995)

Pearl CHEZEM, et al., Plaintiffs-Appellees, Texas Department of Human Services, et al., Defendants-Third Party-Plaintiffs-Appellees, v. BEVERLY ENTERPRISES-TEXAS, INC., et al., Intervenors-Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 31, 1995.

Attorney(s) appearing for the Case

Jack C. O'Donnell, Roger Moore, Richard E. Gray, III, David Richards, Gray & Becker, Austin, TX, for Beverly Enterprises-Texas, Inc., et al.

William Thomas Allison, II, Sulphur Springs, TX, for Chezem, Scott & McKinley.

Dewey Helmcamp, III, Asst. Atty. Gen., Gen. Litigation Division, Austin, TX, for Texas Dept. of Human Services.

Will Wilson, Jr., Sheila S. Asher, Austin, TX, Leighton Cornett, Paris, TX, for Carriage House Manor, Inc.

Before POLITZ, Chief Judge, HILL and DeMOSS, Circuit Judges.

POLITZ, Chief Judge:

Beverly Enterprises-Texas, John R. Folowell, Mary P. Folowell, and Woodhaven, Inc. appeal an adverse summary judgment. Finding no reversible error, we affirm.

Beverly Enterprises and its principals, the Folowells and Woodhaven, were nursing home owners and operators. They brought suit in Texas state court against the Texas Department of Human Services, challenging its decision to assign the Medicaid contract of a competitor, Regency Terrace...

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