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RASTETTER v. WEINBERGER

No. CIV 72-323 PHX—CAM.

379 F.Supp. 170 (1974)

Erwin W. RASTETTER et al., Plaintiffs, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, and the United States of America, Defendants.

United States District Court, D. Arizona.

July 24, 1974.

Attorney(s) appearing for the Case

Langerman, Begam & Lewis, by Frank Lewis, Phoenix, Ariz., for plaintiffs.

William C. Smitherman, U. S. Atty., D. Ariz., by George Nielsen, Asst. U. S. Atty., Phoenix, Ariz., for defendants.

Before KILKENNY, Circuit Judge, and EAST and MUECKE, District Judges.

OPINION and ORDER

MUECKE, District Judge.

Plaintiffs are a group of Medicare recipients in Arizona who are seeking to declare the provisions of 42 U.S.C. § 1395x(r) unconstitutional on the grounds that it excludes chiropractors and naturopaths from its definition of "physician."

The plaintiffs are also attempting to overturn the provisions of Part B of Title XVIII (Public Law 89-97, 79 Stat. 286) which provides up to eighty percent reimbursement...

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