CHARLES R. RICHEY, District Judge.
This case arises under the fifth amendment to the Constitution of the United States and Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq., popularly referred to as the "Medicare Act." It is presently before the Court on cross-motions for summary judgment and defendant's motion to dismiss for lack of subject matter jurisdiction.
There are basically two issues presented for decision. First, the defendant...
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