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  5. 943 F.Supp. 1239 (1996)
 

EXETER MEMORIAL HOSP. ASS'N v. BELSHE

CIV-S-96-693 DFL JFM.

943 F.Supp. 1239 (1996)

EXETER MEMORIAL HOSPITAL ASSOCIATION, a non-profit corporation, dba Memorial Hospital at Exeter, Plaintiff, v. Kimberly BELSHE, Director of the California Department of Health Services, Defendant.

United States District Court, E.D. California.

October 15, 1996.

Attorney(s) appearing for the Case

Byron J. Gross, Gooper, Lundy & Bookman, Inc., Los Angeles, CA, for Exeter Memorial Hospital.

Raoul Thorbourne, Deputy Attorney General, Sacramento, CA, for Belshe.

MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

The question presented in this case is whether a State may implement a change in the rate of reimbursement to certain Medicaid providers prior to approval of a State plan amendment by the Secretary of Health and Human Services ("the Secretary"). Plaintiff Exeter Memorial Hospital Association ("Exeter") seeks a preliminary injunction to compel the California Department of Health Services ("DHS"...

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