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RHODE ISLAND HOSPITAL v. CALIFANO

No. 78-1161.

585 F.2d 1153 (1978)

RHODE ISLAND HOSPITAL, Plaintiff, Appellant, v. Joseph A. CALIFANO, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 27, 1978.

Attorney(s) appearing for the Case

Thomas D. Gidley, Providence, R.I., with whom Thomas R. Courage, and Hinckley, Allen, Salisbury & Parsons, Providence, R.I., were on brief, for plaintiff, appellant.

Lawrence E. Burstein, Asst. Regional Atty., Dept. of Health, Ed. and Welfare, Boston, Mass., with whom Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., was on brief, for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DUMBAULD, Senior District Judge.

COFFIN, Chief Judge.

This case comes to us from the district court's denial of subject matter jurisdiction in an action by Rhode Island Hospital, as a provider of Medicare and Medicaid services, to have declared unconstitutional certain regulations and a schedule of reimbursement limits promulgated pursuant to § 1861(v)(1)(A) of Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395-1395pp. After careful consideration of the intricate

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