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CONCOURSE REHABILITATION & NURSING v. WHALEN

Docket No. 00-9394.

249 F.3d 136 (2001)

CONCOURSE REHABILITATION & NURSING CENTER INC. & Concourse Nursing Home, Plaintiffs-Appellants, v. Dennis P. WHALEN, Individually and as Commissioner of the New York State Department of Health., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 4, 2001.

Attorney(s) appearing for the Case

MARVIN NEIMAN, Neiman, Ginsburg & Mairanz, New York, NY, for Appellants.

BARBARA K. HATHAWAY, Assistant Attorney General, for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Deputy Solicitor General & Marion R. Buchbinder, Assistant Solicitor General, on the brief), for Appellees.

Cornelius D. Murray, O'Connel & Aronowitz, Albany, NY, filed a brief amici curiae for the New York State Health Facilities Association, Inc. and the Healthcare Association of New York State.

Harvey Weinberg, Weinberg, Kaley, Gross & Pergament, Garden City, New York, filed a brief amicus curiae for the Southern New York Association, Inc.

Before: CARDAMONE, LEVAL, KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

Plaintiffs, the operators of a nursing facility that receives reimbursement for services under the New York State Medicaid plan, appeal from a judgment entered on October 20, 2000, in the Southern District of New York (Conti, Judge), following a grant of summary judgment in favor of the New York State Department of Health ("Department") on plaintiffs' claims that the facility was inadequately compensated by the Department for certain...

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