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AFFILIATED PRO. HOME HEALTH CARE AGENCY v. SHALALA

No. 98-40032.

164 F.3d 282 (1999)

AFFILIATED PROFESSIONAL HOME HEALTH CARE AGENCY; Carrie M. Hamilton, Individually; Wessie Dobbins, Individually; Ethel Shelton, Individually, Plaintiffs-Appellees, v. Donna E. SHALALA, Secretary, Department of Health & Human Services, et al., Defendants, Donna E. Shalala, Secretary, Department of Health & Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 20, 1999.

Attorney(s) appearing for the Case

Patrick J. Gilpin, Patrick J. Gilpin & Associates, Houston, TX, for Plaintiffs-Appellees.

Gary Lynn Bledsoe, Robert Notzon, Austin, TX, for Affiliated Professional Home Health Care Agency.

John S. Koppel, Mark Bernard Stern, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, DC, for Defendant-Appellant.

Before REYNALDO G. GARZA, JONES and DeMOSS, Circuit Judges.

PER CURIAM:

I. FACTUAL AND PROCEDURAL BACKGROUND

In this appeal we must decide whether the district court properly granted a preliminary injunction in favor of Affiliated Professional Home Health Care Agency ("APRO").

APRO is a health care agency that specializes in providing home-based health care. It is an African-American owned enterprise, founded in 1993, that operates in Harris, Galveston, and Jefferson Counties, Texas. In 1997, APRO was participating...

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