RALPH B. GUY JR., Circuit Judge.
This case represents one of a long line of cases challenging the promulgation by the Secretary of Health and Human Services of the 1979 Medicare Malpractice Rule, 42 C.F.R. § 405.452(b)(1)(ii) (subsequently renumbered § 405.452(a)(1)(ii) (1985)) (the 1979 Rule). The procedural history set forth below is complicated but important to our resolution of the issues on appeal.
On March 28, 1983, plaintiff hospitals (the...
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