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BLOSSOM SOUTH, LLC v. SEBELIUS

No. 13-CV-6452L.

987 F.Supp.2d 289 (2013)

BLOSSOM SOUTH, LLC, Plaintiff, v. Kathleen SEBELIUS, as Secretary of the United States Department of Health and Human Services, Marilyn Tavenner, as Administrator of the Centers for Medicare and Medicaid Services, Nirav Shah, M.D., as Commissioner of Health of the State of New York, Defendants.

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

December 17, 2013.

Attorney(s) appearing for the Case

Howard S. Fensterman , Sarah Carol Lichtenstein , Abrams, Fensterman, Fensterman, Eisman, Formato, Lake Success, NY, Sharon P. Stiller , Abrams, Fensterman, Fensterman, Eisman, Formato, Rochester, NY, for Plaintiff.

Joel J. Lerner , Mary Pat Fleming , U.S. Attorney's Office, Buffalo, NY, Gary M. Levine , New York State Office of the Attorney General, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff Blossom South, LLC ("Blossom South") commenced this action against Kathleen Sebelius, as Secretary of the United States Department of Health and Human Services ("Secretary"), Marilyn Tavenner, as Administrator of the Centers for Medicare & Medicaid Services ("CMS"), and Nirav Shah, M.D., as Commissioner of Health of the State of New York. Plaintiff asserts claims under the Social Security...

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