IN RE MID-DELTA HEALTH SYSTEMS, INC.

Bankruptcy No. 98-25616. Adversary No. 99-2160.

251 B.R. 811 (1999)

In re MID-DELTA HEALTH SYSTEMS, INC.; Mid-Delta Home Health of Charleston, Inc.; Mid-Delta Home Health, Inc.; Medical Services, Inc., Consolidated, Debtors. Mid-Delta Health Systems, Inc.; Mid-Delta Home Health of Charleston, Inc.; Mid-Delta Home Health, Inc.; Medical Services, Inc.; and Clara T. Reed, Individually, Plaintiffs, v. Donna Shalala, as Secretary of the United States Department of Health and Human Services; the Health Care Financing Administration; Palmetto Government Benefits Administrators; And an Unknown Number of Agents or Employees Acting On Behalf of the United States Department of Health and Human Services, the Health Care Financing Administration, and Palmetto Government Benefits Administrators In Their Individual Capacities, Defendants.

United States Bankruptcy Court, N.D. Mississippi.

December 6, 1999.


Attorney(s) appearing for the Case

Paul Mathis, Jr., Lake Tindall, LLP, Greenville, MS, for Mid-Delta Health Systems, Inc.

Jim M. Greenlee, Assistant U.S. Attorney, Oxford, MS, for Donna Shalala.


OPINION

DAVID W. HOUSTON, III, Bankruptcy Judge.

On consideration before the court is a motion to dismiss the above captioned adversary proceeding filed by the defendants pursuant to Rule 12(b)(1), Federal Rules of Civil Procedure; response to said motion having been filed by the plaintiffs; and the court, having heard and considered same, hereby finds as follows, to-wit:

I.

The plaintiffs, denominated hereinabove, are Medicare providers...

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