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PSYCHIATRIC CARE HOSP. CENTER BIRMINGHAM v. SHALALA

Civ. A. No. 94-C-2731-S.

876 F.Supp. 260 (1994)

PSYCHIATRIC CARE DAY HOSPITAL CENTER IN BIRMINGHAM, INC., Plaintiff, v. Donna K. SHALALA, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, N.D. Alabama, Southern Division.

November 17, 1994.

Attorney(s) appearing for the Case

Donald R. Harris, Jr., Birmingham, AL and Brian W. Shaughnessy, Washington, DC, for plaintiff.

James G. Gann, III and Walter Braswell, Acting U.S. Atty., U.S. Attorney's Office, Birmingham, AL, for defendant.

MEMORANDUM OF OPINION ON MOTIONS FOR PRELIMINARY INJUNCTIVE RELIEF

CLEMON, District Judge.

Plaintiff Psychiatric Care Day Hospital Center in Birmingham, Inc., ("the Center") seeks to enjoin defendant Donna K. Shalala, as Secretary of the Department of Health and Human Services ("the Secretary") from suspending its Medicare reimbursement payments. In order to obtain preliminary injunctive relief, the Center must prove (1) irreparable injury, (2) a...

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