Legal Opinion
Medicare&medicaid Gu 39,257 Tekkno Laboratories, Inc. v. Cesar A. Perales, Commissioner of the Department of Social Services of the State of New York
Court of Appeals for the Second Circuit
Decided May 20, 1991No. 1293, Docket 90-9104PublishedCited by 64 opinions
1Opinion of the Court
KEARSE, Circuit Judge:
Defendant Cesar A. Perales, Commissioner of the Department of Social Services of the State of New York (“State” or “DSS”) appeals from orders of the United States District Court for the Southern District of New York, John F. Keenan, Judge, preliminarily enjoining the State from delaying payment of Medicaid claims submitted to it by plaintiff Tekkno Laboratories, Inc. (“Tekkno”), and holding the State in contempt for noncompliance. On appeal, the State contends principally that (1) the preliminary injunction was impermissible because it granted retroactive monetary relief…
2Cases cited15 opinions
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- Florida Department of Health & Rehabilitative Services v. Florida Nursing Home Ass'nSupreme Court of the United States · 1981
- Federal Deposit Insurance v. MallenSupreme Court of the United States · 1988
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3Cited by64 opinions
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