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ALABAMA MEDICAID AGENCY v. HOLLAND

Civ. A. No. 85-H-759-N.

632 F.Supp. 255 (1986)

ALABAMA MEDICAID AGENCY, an agency of the State of Alabama; Faye S. Baggiano, Commissioner of Medicaid, Alabama Medicaid Agency, Plaintiffs, v. George R. HOLLAND, Regional Administrator of Department of Health and Human Services, Health Care Financing Administration, Region IV; James J. Pirkle, Associate Regional Administrator, Division of Financial Operations, Department of Health and Human Services, Health Care Financing Administration, Region IV; Margaret M. Heckler, Secretary of Health and Human Services, Defendants.

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

February 28, 1986.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., State of Ala., Herman H. Hamilton, Jr., Sp. Asst. Atty. Gen., Montgomery, Ala., for plaintiffs.

John C. Bell, U.S. Atty., Charles R. Niven, Asst. U.S. Atty., Montgomery, Ala., for defendants.

MEMORANDUM OPINION AND ORDER

HOBBS, Chief Judge.

This cause is now before the Court on defendants' motion to dismiss, or in the alternative, motion for summary judgment, filed on December 13, 1985. A hearing on said motion was held on January 14, 1986, and the Court has now received the parties' post-hearing briefs. Upon consideration of said motion, the Court concludes that because plaintiffs have not attempted...

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