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NEW JERSEY CHAP. INC., A. P. T. A., INC. v. PRUDENTIAL L. INS. CO.

No. 72-1789.

502 F.2d 500 (1974)

NEW JERSEY CHAPTER INCORPORATED OF the AMERICAN PHYSICAL THERAPY ASSOCIATION, INC., Appellant, v. The PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA et al., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 1974.

As Amended October 3, 1974.

Rehearing Denied October 17, 1974.

Attorney(s) appearing for the Case

Alvin Ezrin, Nutley, N. J., with whom James A. Hourihan, Washington, D. C., were on the brief, for appellant.

Robert S. Greenspan, Atty. Dept. of Justice, of the bar of the Court of Appeals of New York pro hac vice by special leave of court, with whom Harold H. Titus, Jr., U. S. Atty., Leonard Schaitman and Robert M. Feinson, Attys., Dept. of Justice, were on the brief, for appellee.

Before BAZELON, Chief Judge, ROBB, Circuit Judge, and ROBERT VAN PELT, United States Senior District Judge for the District of Nebraska.

ROBB, Circuit Judge:

This action arises under the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., commonly known as the Medicare Act.

The Secretary of Health, Education and Welfare is charged with the administration of the Act, and he has delegated this authority to the Commissioner of the Social Security Administration. Within the Social Security Administration the Bureau of Health Insurance has the primary responsibility for administering...

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