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NEW HAMPSHIRE HEALTH CARE ASS'N v. GOVERNOR

No. 2010-436.

13 A.3d 145 (2011)

NEW HAMPSHIRE HEALTH CARE ASSOCIATION and another v. GOVERNOR and another.

Supreme Court of New Hampshire.

Opinion Issued: January 21, 2011.

Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester ( Daniel E. Will and another on the brief, and Mr. Will orally), for the petitioners.

Michael A. Delaney , attorney general ( Laura E.B. Lombardi , assistant attorney general, and Karen A. Schlitzer , assistant attorney general, on the brief, and Ms. Schlitzer orally), for the respondents.

DALIANIS, C.J.

The petitioners, New Hampshire Health Care Association (NHHCA), Genesis Pleasant View, Villa Crest and Greenbriar Terrace Healthcare, appeal an order of the Superior Court (Smukler, J.) ruling that the respondents, Governor John Lynch and the Commissioner of the New Hampshire Department of Health and Human Services (DHHS), did not act unconstitutionally by reducing DHHS expenditures for fiscal year 2008, which had the effect of

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