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KANSAS HEALTH CARE ASS'N v. KANSAS DSRS

No. 90-4207-S.

783 F.Supp. 1318 (1992)

KANSAS HEALTH CARE ASSOCIATION, INC., and Kansas Association of Homes for the Aging, Inc., on Behalf of their members, and Top Management Services, Inc., d/b/a Sunset Manor, on Behalf of all other similarly situated nursing facility providers certified by the State of Kansas to participate in the Kansas Medicaid Program, Plaintiffs, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, and Donna L. Whiteman, as Secretary of the Department of Social and Rehabilitation Services, and Robert L. Eppo, Commissioner of Medical Services of Kansas Department of Social and Rehabilitation Services, Defendants and Third-Party Plaintiffs, v. Louis SULLIVAN, Secretary of the United States Department of Health and Human Services, Third-Party Defendant.

United States District Court, D. Kansas.

February 18, 1992.

Attorney(s) appearing for the Case

Jeffrey A. Chanay, Entz & Chanay, William E. Enright, Scott, Quinlan & Hecht, Richard D. Anderson, Topeka, Kan., for plaintiffs.

Patrick D. Gaston, Patricia A. Bennett, Bennett, Lytle, Wetzler, Winn & Martin, Prairie Village, Kan., Bruce A. Roby, Kansas Dept. of SRS, Topeka, Kan., for defendants and third-party plaintiffs.

C. Geraldine Umphenour, Frank V. Smith, III, Off. of Gen. Counsel, Dept. of HHS, Kansas City, Mo., D. Brad Bailey, U.S. Attys. Office, Topeka, Kan., for third-party defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on motion of third-party defendant Louis Sullivan, Secretary of the Department of Health and Human Services ("the Secretary") to dismiss the third-party complaint (Doc. 63).

This is a class action brought by long-term care nursing facilities against the Kansas Department of Social and Rehabilitation Services ("SRS"), the Secretary of SRS, and the Commissioner of Medical...

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