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KANSAS HOSP. ASS'N v. WHITEMAN

No. 93-4217-DES.

851 F.Supp. 401 (1994)

KANSAS HOSPITAL ASSOCIATION, Bethany Medical Center, Asbury-Salina Regional Medical Center, and Stormont-Vail Regional Medical Center, and Inez Williams and Vanessa Brewer, individually and on behalf of all similarly situated persons, Plaintiffs, v. Donna L. WHITEMAN, in her official capacity as Secretary of the Kansas Department of Social and Rehabilitation Services, Donna Shalala, in her official capacity as Secretary of the United States Department of Health and Human Services, and Bruce C. Vladeck, in his official capacity as Administrator of the Health Care Financing Administration, Defendants.

United States District Court, D. Kansas.

May 5, 1994.

Attorney(s) appearing for the Case

Charles R. Hay, Wayne T. Stratton, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Kansas Hosp. Ass'n, Bethany Medical Center, Asbury-Salina Regional Medical Center, Inc., Stormont-Vail Regional Medical Center.

Carol L. Boorady, Legal Services of Wichita, Wichita, KS, Jane K. Swanson, Kansas Legal Services, Inc., Kansas City, KS, for Inez Williams, Vanessa L. Brewer and Gary Byers.

Reid Stacey, Social & Rehabilitation Services, Topeka, KS, Vickie J. Larson, S. William Livingston, Jr., Covington & Burling, Washington, DC, Bruce A. Roby, Kansas Dept. of SRS, Topeka, KS, for Kansas Dept. of Social and Rehabilitation Services.

C. Geraldine Umphenour, Office of General Counsel, Department of Health & Human Services, Kansas City, MO, Jackie A. Rapstine, Office of U.S. Atty., Topeka, KS, for Donna E. Shalala and Bruce Vladeck.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the motion to dismiss of defendants Donna Shalala, Secretary of the United States Department of Health and Human Services, and Bruce C. Vladeck, Administrator of the Health Care Financing Administration (Doc. 55). Defendants Shalala and Vladeck ("federal defendants") seek dismissal of the claims filed against them by Inez Williams and Vanessa Brewer ("individual plaintiffs...

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