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STOHLER v. MENKE

No. 1:96-CV-557.

998 F.Supp. 836 (1997)

Dennis L. STOHLER, M.D., P.C., on behalf of himself and all other persons similarly situated, Plaintiffs, v. Nancy MENKE, in her official capacity as Commissioner of the Tennessee Department of Health; John D. Ferguson, in his official capacity as Commissioner of the Tennessee Department of Finance and Administration; Douglas M. Sizemore, in his official capacity as Commissioner of the Tennessee Department of Commerce and Insurance; and Donna E. Shalala, in her official capacity as Secretary of the Department of Health and Human Services, an agency of the United States of America, Defendants.

United States District Court, E.D. Tennessee.

November 10, 1997.

Attorney(s) appearing for the Case

Charles W. Dooley, Alan B. Easterly, Leitner, Williams, Dooley and Napolitan, PLLC, Chattanooga, TN, Harvey J. Barnett, Harvey J. Barnett & Associates, PC, Chicago, IL, Bruce S. Sperling, Sperling, Slater & Spitz, PC, Chicago, IL, for Plaintiffs Dennis L. Stohler, M.D., P.C. and St. Barnabas Nursing Home, Inc.

Michelle Hohnke Joss, State of Tennessee, Office of the Attorney General, Nashville, TN, M. Kent Anderson, U.S. Department of Justice, Office of U.S. Attorney, Chattanooga, TN, Brian G. Kennedy, Sheila M. Lieber, U.S. Department of Justice, Civil Division, Washington, DC, for Defendants Fredia S. Wadley, John D. Ferguson, Douglas M. Sizemore and Donna Shalala.

David L. Steed, Cornelius & Collins, Nashville, TN, Marc E. Overlook, Nashville, TN, Robert W. McCann, Allen V. Farber, James A. Barker, Green, Stewart, Farber & Anderson, P.C., Washington, DC, for Amicus Tennessee Medical Ass'n, and American Medical Ass'n.

MEMORANDUM

EDGAR, District Judge.

I.

This case is before the Court on the plaintiffs' motion (Court File No. 52) to amend their complaint; the motion (Court File No. 50) of defendant Donna E. Shalala, Secretary of Health and Human Services, (the "Secretary") for judgment on the pleadings; and the motion (Court File No. 47) to dismiss pursuant to FED. R. CIV. P. 12 of defendants Nancy Menke, John D. Ferguson, and Douglas M. Sizemore, who...

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