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OPELIKA NURSING HOME, INC. v. RICHARDSON

Civ. A. No. 3180-N.

356 F.Supp. 1338 (1973)

OPELIKA NURSING HOME, INC., a corporation, et al., Plaintiffs, v. Elliot L. RICHARDSON, Secretary of the United States Department of Health, Education and Welfare, and Ira L. Myers, State Health Officer for the State of Alabama, Defendants.

United States District Court, M. D. Alabama, N. D.

January 4, 1973.

Attorney(s) appearing for the Case

Alvin T. Prestwood, Volz, Capouano, Wampold & Prestwood, Montgomery, Ala., John M. Broeker, Haverstock, Gray, Plant, Mooty & Anderson, Minneapolis, Minn., John K. Pickens, Alexandria, Va., and William A. Geoghegan, and Thomas Clevan Fox, Pierson, Ball & Dowd, Washington, D. C., for plaintiffs.

William D. Ruckelshaus, Asst. Atty. Gen., Civil Div., and David Epstein, Atty., Civil Div., Dept. of Justice, Washington, D. C., and Ira DeMent, U. S. Atty., and Kenneth E. Vines, Asst. U. S. Atty., M.D. Alabama, Montgomery, Ala., for Secretary of Health, Education and Welfare.

William J. Baxley, Atty. Gen., of Alabama, and Herman H. Hamilton, Jr., Sp. Asst. Atty. Gen. of Alabama, Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for Ira L. Meyers, State Health Officer, State of Alabama.

ORDER

JOHNSON, Chief Judge.

The plaintiffs, providers of skilled nursing home services in the State of Alabama, challenge the constitutionality of and seek declaratory and injunctive relief from certain Health, Education and Welfare regulations providing for payment for skilled nursing home services (45 CFR 250.30(b)(3)(ii)) and the phasing out of supplementation payments in Alabama (45 CFR 250.30(a)(6)) promulgated by the Secretary of Health, Education...

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