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BEVERLY CALIFORNIA CORP. v. SHALALA

No. 95-1389.

78 F.3d 403 (1996)

BEVERLY CALIFORNIA CORPORATION, a California corporation, doing business as Applegate East Nursing Home, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services; Chester Stroyny, Administrator, Region V, Health Care Financing Administration of the U.S. Department of Health and Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1996.

Attorney(s) appearing for the Case

David C. Beck, Washington, D.C., argued (Elizabeth A. Lewis, on the brief), for appellant.

Alan S. Dorn, Assistant Regional Counsel, Chicago, Illinois, argued (Shirley Moscow Michaelson, on the brief), for appellees.

Before FAGG, HEANEY, and WOLLMAN, Circuit Judges.

HEANEY, Circuit Judge.

On July 22, 1988, the Secretary of Health and Human Services ("the Secretary") cancelled Applegate East Nursing Home's ("Applegate") eligibility to receive Medicaid funds. The nursing home appeals the district court's decision upholding that action. We affirm.

BACKGROUND

Title XIX of the Social Security Act, commonly known as the Medicaid Act and codified at 42 U.S.C. §§ 1396-1396n (1982) ("the Act"), establishes...

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