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EVERGREEN PRESBYTERIAN MINISTRIES INC. v. HOOD

No. 00-30498.

235 F.3d 908 (2000)

EVERGREEN PRESBYTERIAN MINISTRIES INC.; Health Service District 1 Pointe Coupee doing business as Pointe Coupee General Hospital; Hospital Service District No. 1 Avoyelles Parish, doing business as Bunkie General Hospital; Farley Wayne Luttrell; Robert Ford; et al.; Iberia Comprehensive Community Health Center Inc.; New Orleans Primary Health Care Health Department/Health Care for the Homeless Inc.; Desoto Comprehensive Health Center Inc.; St. Helena Community Health Center Inc.; David Raines Community Health Center Inc.; Bayou Comprehensive Health Foundation Inc.; Catahoula Parish Hospital District No. 2 Inc.; Capitol City Family Health Center Inc.; Southwest Louisiana Primary Health Care Center Inc.; Delta Rural Health Services Inc.; Leesville Rural Health Services Inc.; Natchitoches Outpatient Medical Center Inc.; St. Gabriel Health Clinic Inc.; Teche Action Board Inc., doing business as Tech Action Clinic; Excel Inc., Plaintiffs-Appellees, v. David W. HOOD, Secretary Louisiana Department of Health & Hospitals, Defendant-Appellant. Louisiana Nursing Home Association; I H S Luling; I H S Shreveport; I H S Gonzales; I H S Lafayette; et al., Plaintiffs-Appellees, v. David W. Hood, Individually and in his official capacity as Secretary of the Department of Health & Hospitals for the State of Louisiana, Defendant-Appellant. Calcasieu Association of Retarded Citizens Inc.; Evangeline Association of Retarded Citizens Inc.; Southern Comfort Community Homes; Preferred Living Inc.; Iberia Association of Retarded Citizens Inc.; Multi Care Inc.; Iberia Comprehensive Community Health Center Inc.; New Orleans Primary Health Care Health Department/Health Care for the Homeless Inc.; Desoto Comprehensive Health Center Inc.; St. Helena Community Health Center Inc.; David Raines Community Health Center Inc.; Bayou Comprehensive Health Foundation Inc.; Catahoula Parish Hospital District No. 2 Inc.; Capitol City Family Health Center Inc.; Southwest Louisiana Primary Health Care Center Inc.; Delta Rural Health Services Inc.; Leesville Rural Health Services Inc.; Natchitoches Outpatient Medical Center Inc.; St. Gabriel Health Clinic Inc.; Teche Action Board Inc., doing business as Tech Action Clinic; Excel Inc., Plaintiffs-Appellees. v. David W. Hood, Secretary of Louisiana Department of Health & Hospitals, Defendant-Appellant. Doctors Hospital of Opelousas Limited Partnership, doing business as Doctors Hospital of Opelousas; University Rehabilitation Hospital Inc., doing business as Physicians Hospital of New Orleans; Dixon Medical Center Inc.; West Carroll Hospital Inc.; Hospital Service District Morehouse Parish, doing business as Morehouse General Hospital; et al., Plaintiffs-Appellees, v. David W. Hood, Secretary of the Louisiana Department of Health & Hospitals, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 9, 2001.

Attorney(s) appearing for the Case

Michael Maurice Meunier, Stephen M. Sullivan (argued), Sullivan, Stolier & Resor, New Orleans, LA, for Evergreen Presbyterian Ministries Inc., Health Serv. Dist. 1 Pointe Coupee, Hospital Serv. Dist. No. 1 Avoyelles Parish, Luttrell and Ford.

Michael Roger Schulze, Sullivan, Stolier & Resor, New Orleans, LA, for Evergreen Presbyterian Ministries Inc.

Nicholas Harry Gachassin, Jr., Gachassin & Hunter, Lafayette, LA, for Evergreen Presbyterian Ministries Inc., Health Serv. Dist. 1 Pointe Coupee and Ford.

Gary Jerome Ortego, Jonathan Clyde Vidrine, West & Vidrine, Ville Platte, LA, for Iberia Comprehensive Community Health Ctr. Inc., New Orleans Primary Health Care Health Dept./Health Care for the Homeless Inc., Desoto Comprehensive Health Ctr. Inc., St. Helena Community Health Ctr. Inc., David Raines Community Health Ctr. Inc., Bayou Comprehensive Health Foundation Inc., Catahoula Parish Hosp. Dist. No. 2 Inc., Capitol City Family Health Ctr. Inc., Southwest Louisiana Primary Health Care Ctr. Inc., Delta Rural Health Services Inc., Leesville Rural Health Services Inc., Natchitoches Outpatient Medical Ctr. Inc., St. Gabriel Health Clinic Inc., Teche Action Bd. Inc., Excel Inc., Calcasieu Ass'n of Retarded Citizens Inc., Evangeline Ass'n of Retarded Citizens Inc., Southern Comfort Community Homes, Preferred Living Inc., Iberia Ass'n of Retarded Citizens Inc. and Multi Care Inc.

Charles A. Miller (argued), Anna Phipps Engh, Covington & Burling, Washington, DC, Francisco H. Perez, Richard Lee Henley, Stephen Robert Russo, Louisiana Dept. of Health & Hospitals, Baton Rouge, LA, for Hood.

Normand Francis Pizza (argued), Peter M. Meisner, Alanna S. Arnold, Milling Benson Woodward, LLP, New Orleans, LA, Angela Whitaker Adolph, Milling Benson Woodward, LLP, Baton Rouge, LA, for Louisiana Nursing Home Ass'n I H S Luling, I H S Shreveport, I H S Gonzales and I H S Lafayette.

Before KING, Chief Judge, and REYNALDO G. GARZA and PARKER, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 9, 2001.

KING, Chief Judge:

Defendant-Appellant David W. Hood, Secretary of the Louisiana Department of Health and Hospitals, appeals from the district court's grant of a preliminary injunction in favor of Plaintiffs-Appellees Evergreen Presbyterian Ministries, Inc., et al. For the following reasons, we VACATE the preliminary injunction and REMAND to the district court for further proceedings.

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