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10TH STREET MEDICAL, INC. v. STATE

No. 100,746.

210 P.3d 670 (2009)

10TH STREET MEDICAL, INC., Appellant, v. STATE of Kansas and Kansas Secretary of Social and Rehabilitation Services, Appellees.

Court of Appeals of Kansas.

July 2, 2009.

Attorney(s) appearing for the Case

J. Todd Hiatt and Kevin L. Diehl, of Ralston, Pope & Diehl, L.L.C., of Topeka, for appellant.

C. William Ossmann, Chief of Litigation, and Danny J. Baumgartner, litigation attorney, of Kansas Department of Social and Rehabilitation Services, for appellee.

Before HILL, P.J., LARSON, S.J., and BRAZIL, S.J.

HILL, J.

This appeal arises from the summary judgment granted in a lawsuit seeking damages from the State of Kansas and the Kansas Department of Social and Rehabilitation Services. In 2000, the Department ended a contract with 10th Street Medical, Inc., to provide durable medical equipment to Medicaid recipients under the Kansas Medicaid Program based on some complaints from its customers. 10th Street Medical pursued an administrative...

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