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UNITED WIRE, METAL & MACHINE HEALTH & WELFARE FUND v. MORRISTOWN MEMORIAL HOSP.

Civ. A. No. 90-2639.

793 F.Supp. 524 (1992)

UNITED WIRE, METAL & MACHINE HEALTH AND WELFARE FUND, et al., Plaintiffs, v. MORRISTOWN MEMORIAL HOSPITAL, et al., Defendants.

United States District Court, D. New Jersey.

As Amended July 6, 1992.

Attorney(s) appearing for the Case

Ronald E. Wiss, David A. Schrader, Wolff & Samson, Roseland, N.J., Albert G. Kroll, Verona, N.J., Thomas W. Gleason, New York City, Louis Pechman, Lambos & Giardino, Newark, N.J., David Grossman, Schneider, Cohen, Solomon, Leder & Montalbano, Cranford, N.J., Thomas V. Jardine, Joseph R. Pagano, Jardine & Pagano, Springfield, N.J., James R. Zazzali, Zazzali, Zazzali, Fagella & Nowak, Newark, N.J., for plaintiffs.

Benjamin Clarke, Sr. Deputy Atty. Gen., Eileen C. Stokley, Deputy Atty. Gen., Trenton, N.J., for defendants.

Frank Ciesla, Elizabeth Dusaniewskyj, Giordano, Halleran & Ciesla, Middletown, N.J., for defendant/intervenor.

OPINION

WOLIN, District Judge.

Currently before the Court are defendants' and plaintiffs' cross-motions for summary judgment. Initially, this Court finds that the Eleventh Amendment does not prevent this Court from deciding any claims brought against the state agencies and the officials employed by the State of New Jersey. Likewise, this Court finds that New Jersey's hospital rate setting mechanism does not constitute...

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