CHILDREN'S HEALTHCARE IS A LEGAL DUTY v. VLADECK

Civil No. 3-96-63.

938 F.Supp. 1466 (1996)

CHILDREN'S HEALTHCARE IS A LEGAL DUTY, INC., a corporation under the laws of Iowa; Bruce Bostrom; and Steven Petersen, Plaintiffs, v. Bruce C. VLADECK, in his capacity as director of Health Care Finance Administration, an agency of the United States; and Donna Shalala, in her official capacity as Secretary of the United States Department of Health and Human Services, an agency of the United States, Defendants, and The First Church of Christ, Scientist, Boston, Massachusetts, Defendant-Intervenor. Minnesota Civil Liberties Union, Amicus Curiae.

United States District Court, D. Minnesota, Third Division.

August 7, 1996.


Attorney(s) appearing for the Case

Robert J. Bruno, Burnsville, MN, for Plaintiffs.

Friedrich A.P. Siekert, Assistant United States Attorney, Minneapolis, MN, Sheila M. Lieber and Joseph W. LoBue, Civil Division, Department of Justice, and Lorie Mayorga, Office of the General Counsel, Department of Health and Human Services, of counsel, Washington, DC, for Defendants.

Stephen M. Shapiro, Kenneth S. Geller, and Michael W. McConnell, Mayer, Brown & Platt, Chicago, IL, and Terrence J. Fleming and Ansis V. Viksnins, Lindquist & Vennum P.L.L.P., Minneapolis, MN, for Defendant-Intervenor.

Gary D. Ansel, Reinhardt and Anderson, Saint Paul, MN, for Minnesota Civil Liberties Union, amicus curiae.


MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

Plaintiffs challenge the constitutionality of certain exemptions for Christian Science sanitoria under Medicare and Medicaid, claiming that Congress' creation of such exemptions violates the Establishment Clause of the First Amendment. Plaintiffs have filed a Motion for Summary Judgment, and both Defendants and Defendant-Intervenor The First Church of Christ, Scientist ("the Church...

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