SCHOOLCRAFT HOSP. v. MI. DEPT. OF HEALTH

No. 1:07-CV-1278.

570 F.Supp.2d 949 (2008)

SCHOOLCRAFT MEMORIAL HOSPITAL, Plaintiff, v. MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, et al., Defendants.

United States District Court, W.D. Michigan, Southern Division.

August 12, 2008.


Attorney(s) appearing for the Case

Eric J. Eggan, Honigman Miller Schwartz and Cohn LLP, Lansing, MI, William Francis Frey, Honigman Miller Schwartz and Cohn LLP, Detroit, MI, Carey F. Kalmowitz, Wachler & Associates PC, Royal Oak, MI, for Plaintiff.

Darrin F. Fowler, MI Dept. Attorney General (Community Health), Community Health Division, Lansing, MI, for Defendants.

Gerard Vito Mantesem Mantese and Rossman PC, Troy, MI, Mark R. Smith, Nantz Litowich Smith * Girard, Grand Rapids, MI, for Amici.


OPINION

ROBERT J. JONKER, District Judge.

INTRODUCTION

Schoolcraft Memorial Hospital (SMH) sues the Michigan Department of Community Health (DCH), Janet Olszewski, Director of DCH, and Michael Dankert, Director of the Bureau of Health Systems, DCH, seeking (1) a judgment declaring a Michigan statute preempted by a federal regulation, and (2) an injunction prohibiting DCH from enforcing both the allegedly preempted Michigan law and a DCH...

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