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RELIABLE HOME HEALTH CARE, INC. v. SHALALA

No. Civ.A. 00-2445.

255 F.Supp.2d 575 (2001)

RELIABLE HOME HEALTH CARE, INC. v. Donna E. SHALALA, Secretary of Health & Human Services, 2000 Independence Ave., S.W., Washington, D.C. 20201

United States District Court, E.D. Louisiana.

May 2, 2001.

Attorney(s) appearing for the Case

Catherine J. Smith, Catherine J. Smith & Associates, New Orleans, LA, Ronald Lawrence Wilson, Ronald L. Wilson, Attorney at Law, New Orleans, LA, for Reliable Home Health Care, Inc., plaintiff.

Paul Stuart Weidenfeld, U.S. Attorney's Office, New Orleans, LA, Jonathan Claude Brumer, U.S. Department of Health & Human Services, Health Care Financing Division, Baltimore, MD for Department of Health & Human Services, Tommy G. Thompson, Secretary, defendant.

DUVAL, District Judge.

Defendant, Donna E. Shalala, Secretary of Health & Human Services (the Secretary), brought a motion to dismiss pursuant to Rules 12(b)(1), 12(b)(6) and 56(c) of the Federal Rules of Civil Procedure, to dismiss plaintiffs complaint and/or enter summary judgment in the Secretary's favor. Plaintiff, a home health service agency, is seeking judicial review of the action by the Provider Reimbursement Review Board (Board), dismissing an appeal...

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