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GREAT RIVERS HOME CARE, INC. v. THOMPSON

No. 4:01-CV-90 CEJ.

170 F.Supp.2d 900 (2001)

GREAT RIVERS HOME CARE, INC., Plaintiff, v. Tommy G. THOMPSON, Secretary of the United States Department of Health and Human Services, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

September 28, 2001.

Attorney(s) appearing for the Case

David M. Harris, Scott J. Golde, Greensfelder and Hemker, St. Louis, MO, Charles F. MacKelvie, Mark I. Fishbein, MacKelvie and Associates, P.C., Chicago, IL, for plaintiff.

Joseph M. Landolt, Assist. U.S. Atty., Suzanne J. Gau, Office of U.S. Atty., St. Louis, MO, for defendants.

MEMORANDUM AND ORDER

JACKSON, District Judge.

This matter is before the Court on defendants' motion to dismiss for lack of subject matter jurisdiction. See Fed. R.Civ.P. 12(b)(1). Plaintiff has filed a response in opposition and the issues have been fully briefed.

I. Background

Plaintiff, Great Rivers Home Care, Inc. ("Great Rivers"), is a provider of home health services to Medicare beneficiaries. Defendant Tommy...

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