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CARBON HILL HEALTH CARE, INC. v. BEASLEY

Civ. A. No. 80-475-N.

528 F.Supp. 421 (1981)

CARBON HILL HEALTH CARE, INC., a corporation, Plaintiff, v. Rebecca B. BEASLEY, as Commissioner of Medicaid, Alabama Medicaid Agency, an agency of the State of Alabama, Defendant.

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

December 7, 1981.

Attorney(s) appearing for the Case

Maurice F. Bishop, Carl E. Johnson, Jr., Bishop, Sweeney, Colvin & Johnson, Birmingham, Ala., for plaintiff.

Charles A. Graddick, Atty. Gen. of Ala., Herman H. Hamilton, Jr., Sp. Asst. Atty. Gen., Thomas S. Lawson & Shapard D. Ashley, Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for defendant.

MEMORANDUM OPINION

HOBBS, District Judge.

The above styled cause is now before the Court on motions for summary judgment filed by both parties. After hearing oral argument and considering the briefs filed in this case, this Court is of the opinion that there exists no genuine issue of material fact. Thus, summary judgment would be proper in this cause.

At issue in this cause is the validity, as applied to plaintiff, of Chapter 11, par. 4(a) of the...

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