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MASSACHUSETTS GENERAL HOSPITAL v. WEINER

No. 77-1191.

569 F.2d 1156 (1978)

MASSACHUSETTS GENERAL HOSPITAL, Plaintiff, Appellant, v. Stephen M. WEINER et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 25, 1978.

Attorney(s) appearing for the Case

H. Scott Haskell, Boston, Mass., with whom Albert G. Tierney, Jr., and Tierney, St. Onge & Manoil, Boston, Mass., were on brief, for plaintiff, appellant.

S. Stephen Rosenfeld, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Stephen M. Weiner, et al., defendants, appellees.

William A. Brown, Asst. U. S. Atty., Chief, Civ. Div., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., and Nancy S. Nemon, Deputy Regional Atty., Dept. of Health, Education and Welfare, Boston, Mass., were on brief, for Joseph A. Califano, Jr.

Before: COFFIN, Chief Judge, CAMPBELL, Circuit Judge, CRARY, District Judge.

CRARY, District Judge.

This appeal is from an order of the District Court granting the appellees' motion for summary judgment in an action filed by the Massachusetts General Hospital (MGH) in July, 1975, seeking declaratory and injunctive relief from Medicaid rate regulations promulgated by the Massachusetts Rate Setting Commission (the Commission) and approved by the Secretary of Health, Education and Welfare (the Secretary), pursuant to Title XIX of the Social Security...

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