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OKLAHOMA NURSING HOME ASS'N v. DEMPS

No. CIV-91-1282-R.

792 F.Supp. 721 (1992)

OKLAHOMA NURSING HOME ASSOCIATION, Ambassador Manor South, Hillcrest Manor, Mooreland Golden Age Home, Oaks Healthcare Center, Sunset Estates of Watonga, and Valliant Care Center, Plaintiffs, v. Benjamin DEMPS, Jr., Director of the Oklahoma Department of Human Services, and John ORR, Chairman of the Commission for Human Services, Oklahoma Department of Human Services, Defendants.

United States District Court, W.D. Oklahoma.

February 28, 1992.

Attorney(s) appearing for the Case

Joseph W. Metro, Richard A. Mildren, Chapel, Riggs, Abney, Neal & Turpen, Oklahoma City, Okl., Joel M. Hamme, Reed, Smith, Shaw & McClay, Washington, D.C., for plaintiffs.

John G. Fears, Dept. of Human Services, General Counsel, Legal Div., Oklahoma City, Okl., for defendants.

ORDER

DAVID L. RUSSELL, District Judge.

Before the Court is the Defendants' Motion to Dismiss.

Background

The Plaintiffs are the Oklahoma Nursing Home Association, an association of Oklahoma nursing facilities, and six private nursing homes. Many of the Association's members, and the six nursing home Plaintiffs, participate in Oklahoma's Medicaid program. Defendant, Benjamin Demps, Jr., is the Director of the Oklahoma Department...

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