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ILLINOIS COUNCIL FOR LONG TERM CARE v. MILLER

No. 79 C 0262.

503 F.Supp. 1091 (1980)

ILLINOIS COUNCIL FOR LONG TERM CARE, Leon Shlofrock, President; Clayton Residential Home, Inc., an Illinois Corporation, Suburban Terrace # 1, a limited partnership; Melvin Siegel and Sheldon Heidich, general partners; Suburban Terrace # 2, a limited partnership, Melvin Siegel and Sheldon Neidich, general partners; Dolton Terrace, a limited partnership, Melvin Siegel and Sheldon Neidich, general partners; Touhy Terrace Nursing Center, a limited partnership, Martin J. Weiss, general partner; Senn Park Nursing Center, a limited partnership, Martin J. Weiss, general partner; Burnham Terrace Care Center, a limited partnership, Martin J. Weiss, general partner; Northeast Health Care Center, a limited partnership, Martin J. Weiss, general partner; and all others similarly situated, Plaintiffs, v. Jeffrey C. MILLER, Director, Illinois Department of Public Aid, and William L. Kempiners, Director, Illinois Department of Public Health, Defendants.

United States District Court, N. D. Illinois, E. D.

December 9, 1980.

Attorney(s) appearing for the Case

Edward M. Burke, George Keane, Jr., Klafter, Burke, Keane & Nathan, Chicago, Ill., for plaintiffs.

James C. O'Connell, William A. Wenzel, David A. Schlanger, Sp. Asst. Attys. Gen., Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This is an action for declaratory and injunctive relief and for reimbursement of capital costs on a reasonable cost-related basis under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., commonly known as Medicaid.1 Plaintiffs, private nursing homes located in the Chicago area,2

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