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BEVERLY ENTERPRISES, INC. v. HERMAN

No. Civ.A. 97-2475 SSH.

50 F.Supp.2d 7 (1999)

BEVERLY ENTERPRISES, INC. and Beverly Health and Rehabilitation Services, Inc., Plaintiffs, v. Alexis M. HERMAN, Secretary of the United States Department of Labor, and The United States Department of Labor, Defendants.

United States District Court, District of Columbia.

March 26, 1999.

Attorney(s) appearing for the Case

D. Joe Smith, Jenner & Block, Washington, DC, for plaintiff.

AUSA Suzanne C. Nyland, U.S. Attorney's Office, Washington, DC, for defendant.

OPINION

STANLEY S. HARRIS, District Judge.

This matter is before the Court on defendants' motion to dismiss, plaintiffs' response, defendants' reply, and both parties' supplemental memoranda. Upon consideration of plaintiffs' amended complaint and the relevant pleadings, the Court grants defendants' motion in part and denies it in part. "Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 ..." Fed.R.Civ.P...

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