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ROYAL GEROPSYCHIATRIC SERVICES, INC. v. TOMPKINS

No. 97-3146.

159 F.3d 238 (1998)

ROYAL GEROPSYCHIATRIC SERVICES, INC.; Ohio Psychological Association and newly certified class members, Plaintiffs-Appellants, v. Arnold R. TOMPKINS, Director, Ohio Department of Human Services; Ohio Department of Human Services; Donna E. Shalala; United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 26, 1998.

Attorney(s) appearing for the Case

Howard A. Schulman (submitted), Schulman, Schulman & Meros, Cleveland, OH, Sheila P. Cooley (briefed), Cleveland, OH, for Plaintiffs-Appellants.

Alan Schwepe (briefed), Office of Attorney General of Ohio, Health and Human Services Section, Columbus, OH, for Defendants-Appellees Arnold R. Tompkins and Ohio Department of Human Services.

Barbara C. Biddle (submitted), Alisa B. Klein (briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellees Donna E. Shalala and United States Department of Health and Human Services.

Before: JONES, RYAN, and MOORE, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which NATHANIEL R. JONES, J., joined. MOORE, J. (pp. 245-246), delivered a separate concurring opinion.

RYAN, Circuit Judge.

Plaintiff Royal Geropsychiatric Services, Inc. (RGS) is a professional corporation composed of a group of psychiatrists specializing in the provision of psychiatric services to geriatric patients. Plaintiff Ohio Psychological Association (OPA...

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