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GOODIN v. STATE EX REL. OKL. WELFARE COM'N

No. CIV-75-0896-D.

436 F.Supp. 583 (1977)

Loretta GOODIN, d/b/a Wetumka Nursing Home, Plaintiff, v. STATE OF OKLAHOMA ex rel. OKLAHOMA WELFARE COMMISSION, DEPARTMENT OF INSTITUTIONS, SOCIAL AND REHABILITATIVE SERVICES, and State of Oklahoma ex rel. Oklahoma Health Planning Commission, and R. Leroy Carpenter, M. D., Robert D. McCullough, D. O., Eugene A. Owens, M. D., W. A. "Tate" Taylor, Harold A. Toaz, L. E. Rader, and Hayden H. Donahue, M. D., Defendants and Third-Party Plaintiffs, v. F. David MATHEWS, Secretary of the United States Department of Health, Education and Welfare, and the United States Department of Health, Education and Welfare, Third-Party Defendants, v. The OKLAHOMA STATE NURSING HOME ASSOCIATION, Intervenor.

United States District Court, W. D. Oklahoma.

June 21, 1977.

Attorney(s) appearing for the Case

Thomas R. Williams, Guthrie, Okl., Stephen Jones, Enid, Okl., for plaintiff.

Larry Derryberry, Atty. Gen., by Robert Chase Gordon and James R. Barnett, Asst. Atty. Gen., Oklahoma City, Okl., for defendants and third party plaintiffs.

John E. Green, Acting U. S. Atty., Oklahoma City, Okl., and Henry L. Gilliam, Asst. Regional Atty., Dallas, Tex., for third party defendants.

Gene Stipe, Robert K. McCune, Carl D. Hughes, Oklahoma City, Okl., for intervenor.

Before HOLLOWAY, Circuit Judge, and DAUGHERTY and EUBANKS, District Judges.

MEMORANDUM OPINION

DAUGHERTY, District Judge.

This action started as a constitutional attack on certain Oklahoma statutes. The Oklahoma statutes under attack are 63 Okla.Stat.1971 §§ 1-851 through 1-860 which establish public policy as to Nursing Homes and require that a Certificate of Need be issued before a Nursing Home can be expanded or constructed. Plaintiff, as the owner and operator of a Nursing...

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