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ALABAMA NURSING HOME ASS'N v. CALIFANO

Civ. A. No. 77-52-N.

433 F.Supp. 1325 (1977)

ALABAMA NURSING HOME ASSOCIATION, an unincorporated association, et al., Plaintiffs, v. Joseph CALIFANO, Jr., Secretary of Health, Education and Welfare, et al., Defendants.

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

July 12, 1977.

Attorney(s) appearing for the Case

Stanley B. Sikes, William J. Bryant, and John W. Kelly, III, Jackson & Sikes, Selma, Ala., and Thomas C. Fox, George R. Clark, and Joel M. Hamme, Pierson, Ball & Dowd, Washington, D. C., for plaintiffs.

Ira DeMent, U. S. Atty., and Kenneth E. Vines, Asst. U. S. Atty., M. D. Ala., Montgomery, Ala., and Sondra D. Stigen, Dept. of Justice, Washington, D. C., for the federal defendants.

William K. Martin, Henry C. Barnett, and Herman H. Hamilton, Jr., of Capell, Howard, Knabe & Cobbs, Montgomery, Ala., Sp. Asst. Attys. Gen., for defendant Robert H. Holzworth.

William J. Baxley, Atty. Gen., and James T. Pons, Asst. Atty. Gen., Montgomery, Ala., for other state defendants.

JOHNSON, Chief Judge.

MEMORANDUM OPINION

This is an action contesting the validity of the current payment rates that the State of Alabama is using to reimburse nursing homes under the Medicaid Program. Jurisdiction in this matter is pursuant to 28 U.S.C. §§ 1331 and 2201 and 5 U.S.C. § 702. This action was filed in this Court February 1, 1977.1 The case is now submitted upon defendant Holzworth's motion for dismissal...

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