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MASHA v. SHALALA

No. 95-75278.

931 F.Supp. 1338 (1996)

MICHIGAN ASSOCIATION OF HOMES AND SERVICES FOR the AGING, INC., a Michigan nonprofit corporation, Plaintiff, v. Donna E. SHALALA, in her capacity as Secretary of Health and Human Services; and Anthony J. Tirone, in his capacity as Director, Office of Survey and Certification, Health Standards and Quality Bureau, Health Care Financing Administration, Defendants.

United States District Court, E.D. Michigan, Southern Division.

May 20, 1996.

Attorney(s) appearing for the Case

Richard J. Landau, Ann Arbor, Michigan, for Plaintiff.

James E. Stewart, Detroit, Michigan, for American Health Care Association, Inc., Amicus in Support of Plaintiff.

Mary Ridgon, Assistant U.S. Attorney, Detroit, Michigan, Kathleen Moriarty Mueller, Department of Justice, Civil Division, Washington, D.C., for Defendant Social Security Commissioner.

Mark A. Stern, Detroit, Michigan, for American Association of Homes & Services for the Aging, Amicus in Support of Plaintiff.

Susan McParland, Michigan Legal Services, Detroit, Michigan, Toby Edelman, Patricia Nemore, Washington, D.C., for National Citizens Coalition for Nursing Home Reform, Amicus in Support of Defendants.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

EDMUNDS, District Judge.

Plaintiff Michigan Association of Homes and Services for the Aging, Inc. ("MASHA")'s First Amended Complaint seeks injunctive and declaratory relief and raises constitutional and statutory challenges to federal regulations governing a nursing facility's ability to participate in the Medicare and Medicaid...

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