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NUTRITIONAL SUPPORT SERVICES, L.P. v. MILLER

Civ. No. 1:92-cv-395-JEC.

830 F.Supp. 625 (1993)

NUTRITIONAL SUPPORT SERVICES, L.P., and NSS Health Ltd., Plaintiffs, v. Zell B. MILLER, Governor of the State of Georgia, and Russell Toal, Commissioner, Department of Medical Assistance of the State of Georgia, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

August 20, 1993.

Attorney(s) appearing for the Case

Michelle B. Rapoport, Atlanta, GA, John W. Jansak, Nevett Steele, Jr., Towson, MD, for plaintiffs.

William C. Joy, Mary Foil Russell, Office of State Atty. Gen., Atlanta, GA, for defendants.

ORDER

CARNES, District Judge.

This case is presently before the Court on Plaintiffs' Motion for Summary Judgment [30] and Defendants' Motion for Summary Judgment [32]. The Court has reviewed the record and arguments of the parties and concludes that both motions should be granted in part.

BACKGROUND

Plaintiffs, Nutritional Support Services, L.P. ("NSS") and NSS Health, Ltd. ("NSS Health"), sell health care products to nursing...

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