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HCMF CORPORATION v. ALLEN

No. 00-1360.

238 F.3d 273 (2001)

Hcmf Corporation; Heritage Hall Holding Limited Partnership; Heritage Hall XIII Partnership; Hcmf Partnership VI; Hcmf VI Addition Limited Partnership; Hcmf XV Partnership, Plaintiffs-Appellants, v. Claude A. Allen, Secretary of Health and Human Resources; Robert W. Lauterberg, Director of the Department of Medical Assistance Services, Commonwealth of Virginia; H. Alan Bigley, Jr.; Daniel M. Brody; La Tisha Owens Chatman; Catherine C. Colgan; Denice King Garner; Steven L. Minter; James T. Parmelee; Catherine P. Saunders; James R. Smith; James L. Masloff, Defendants-Appellees, and James Gilmore, The Governor of the Commonwealth of Virginia; the Department of Medical Assistance Services; Frank Medico, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2001.

Attorney(s) appearing for the Case

ARGUED: Earle Duncan Getchell, Jr., McGUIRE, WOODS, BATTLE & BOOTHE, L.L.P., Richmond, Virginia, for Appellants.

Edward Meade Macon, Senior Assistant Attorney General, Richmond, Virginia, for Appellees.

ON BRIEF: Robert T. Adams, Robert L. Hodges, William H. Baxter, II, McGUIRE, WOODS, BATTLE & BOOTHE, L.L.P., Richmond, Virginia, for Appellants.

Mark L. Earley, Attorney General, William H. Hurd, Solicitor General, Judith Williams Jagdmann, Deputy Attorney General, Gregory E. Lucyk, Assistant Attorney General, Richmond, Virginia, for Appellees.

Before WIDENER, WILKINS, and NIEMEYER, Circuit Judges.

Affirmed by published opinion. Judge Wilkins wrote the opinion, in which Judge Widener and Judge Niemeyer joined.

OPINION

WILKINS, Circuit Judge:

HCMF Corporation and several related corporate entities (collectively, "HCMF") brought this action pursuant to 42 U.S.C.A. § 1983 (West Supp.2000) alleging that the Virginia Department of Medical Assistance Services (DMAS), which administers the Medicaid program in Virginia, violated HCMF's asserted...

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