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BEECHWOOD RESTORATIVE CARE CENTER v. THOMPSON

No. 05-CV-6299L.

494 F.Supp.2d 181 (2007)

BEECHWOOD RESTORATIVE CARE CENTER, Plaintiff, v. Tommy G. THOMPSON, Secretary of the Department of Health and Human Services, Mark B. McClellan, Administrator of the Centers for Medicare and Medicaid Services, Defendants.

United States District Court, W.D. New York.

July 6, 2007.

Attorney(s) appearing for the Case

Kevin S. Cooman, Peter J. Weishaar, Mcconville Considine Cooman & Morin, PC, Rochester, NY, for Plaintiff.

Christopher V. Taffe, U.S. Attorney's Office, Rochester, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

This is another chapter in the contentious relationship between a nursing home and the governmental agencies charged with monitoring its care of patients. This action is brought by the nursing home. Beechwood Restorative Care Center ("Beechwood"), seeks review of a final decision of the Departmental Appeals Board ("DAB")1 of the Department of Health

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