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CLARINDA HOME HEALTH v. SHALALA

No. 96-1561.

100 F.3d 526 (1996)

CLARINDA HOME HEALTH, formerly known as Nodaway Valley Skilled Services, Inc.; Jay Eickemeyer, Appellants, v. Donna SHALALA, Secretary of Health and Human Services; Medicare IASD Health Services Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed November 18, 1996.

Attorney(s) appearing for the Case

Alfredo Parrish, Des Moines, IA, for appellants.

Kathleen Deal, Des Moines, IA (Don C. Nickerson, U.S. Atty. on the brief), for appellees.

Before BEAM, JOHN R. GIBSON, and HANSEN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Clarinda Home Health and Jay Eickemeyer appeal from an order of the district court denying their motion for a preliminary injunction restraining Donna Shalala, Secretary of Health and Human Services, and Medicare IASD Health Services Corporation from suspending Medicare payments to Clarinda Home Health without a hearing. The district court denied the claim for injunctive relief because of Clarinda's failure to show a probability that...

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