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DOWNHOUR v. SOMANI

No. 94-4232.

85 F.3d 261 (1996)

Warren J. DOWNHOUR, D.O., Virginia Forney, Richard E. Shaw, Warren D. Jacobs, Nino M. Camardese, M.D., George Lierenz, Sam Giallombardo, Don Daugherty, Sara Presley and Hilda Ruggles, Plaintiffs-Appellants, v. Peter SOMANI, M.D., individually and as Director of the Ohio Department of Health, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 7, 1996.

Attorney(s) appearing for the Case

John B. Spitzer (briefed), Hummer Legal Services Corporation, Perrysburg, OH, Kent Masterson Brown (argued and briefed), and Christopher J. Shaughnessy, Brown, Kinkead & Bulleit, Lexington, KY, for Plaintiffs-Appellants.

Dennis G. Nealon and Elise W. Porter (argued and briefed), Office of the Attorney General of Ohio, Columbus, OH, for Defendant-Appellee.

Before: MARTIN, GUY, and RYAN, Circuit Judges.

RYAN, Circuit Judge.

The plaintiffs, two health care practitioners and several of their patients, filed an action seeking declaratory and injunctive relief to restrain the defendant from enforcing OHIO REV.CODE ANN. §§ 4769.01 & 4769.02, alleging, inter alia, that the statutes violate the Supremacy Clause, U.S. CONST. art. VI, cl. 2, because they are preempted by the Medicare Act, 42 U.S.C. §§ 1395-1395ccc. The complaint also contended...

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