FLORIDA NURSING HOME ASS'N, INC. v. PAIGE

No. 77-559-CIV-WMH.

596 F.Supp. 1152 (1984)

FLORIDA NURSING HOME ASSOCIATION, INC., a non-profit corporation, University Park Convalescent Center, Inc., Ambrosia Home, Inc., Louise Russ, Theresa Hicks, Juliie Mae van Blount, Edward Anderson, Jimmy Lee Watson and Marilyn Morton as representatives of a class, Julia Mansell, in her own right and as representative of a class, Plaintiffs, v. William J. PAIGE, Jr., Secretary of the Department of Health and Rehabilitative Services of the State of Florida, Frank Groschelle, Regional Director of the Department of Health, Education and Welfare and Joseph A. Califano, Secretary of the Department of Health, Education and Welfare, Defendants.

United States District Court, S.D. Florida, Miami Division.

August 1, 1984.


Attorney(s) appearing for the Case

Bernard H. Dempsey, Jr., Karen L. Goldsmith, Dempsey & Goldsmith, P.A., Orlando, Fla., for plaintiffs.

Alicia S. Jacobs, State of Fla., Dept. of Health and Rehabilitative Services, M. Stephen Turner, Culpepper, Turner & Mannheimer, Tallahasse, Fla., for state defendants.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Stanley Marcus, U.S. Atty., Marc Fagelson, Asst. U.S. Atty., Miami, Fla., Lewis K. Wise, Elisa B. Vela, Loretta R. Pitt, Dept. of Justice, Civ. Div., Washington, D.C., for federal defendants; Jeffrey Golland, Dept. of Health and Human Services, Washington, D.C., of counsel.


ORDER

HOEVELER, District Judge.

THIS CAUSE came before the Court on Defendants' motions to dismiss for lack of jurisdiction. Defendants contend that the relief sought by plaintiffs is barred by the Eleventh Amendment.

HISTORY

Plaintiffs are nursing homes and a nursing home association. They brought suit against the State of Florida and the United States alleging that the plan under which Florida reimbursed them for services to Medicaid...

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