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CLEVELAND MEMORIAL HOSPITAL, INC. v. CALIFANO

No. 77-31-CIV-8.

444 F.Supp. 125 (1978)

CLEVELAND MEMORIAL HOSPITAL, INC., Grace Hospital, Inc., Rutherford Hospital, Inc., and Nash General Hospital, Inc., Plaintiffs, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Blue Cross and Blue Shield of North Carolina, Blue Cross Association, Provider Reimbursement Review Board, and Arthur P. Owens, Chairman of the Provider Reimbursement Review Board, Defendants.

United States District Court, E. D. North Carolina, Wilson Division.

January 18, 1978.

Attorney(s) appearing for the Case

John Turner Williamson, Maupin, Taylor & Ellis, Raleigh, N. C., for plaintiffs.

Bruce H. Johnson, Asst. U. S. Atty., Raleigh, N. C., for defendants.

MEMORANDUM OF DECISION and ORDER

DUPREE, District Judge.

Plaintiffs, North Carolina hospitals that have provided services to Medicare beneficiaries pursuant to agreements with the defendant Secretary of Health, Education and Welfare, seek judicial review of a refusal by the Provider Reimbursement Review Board to consider their reimbursement claims as a "group appeal" under 42 U.S.C. § 1395oo (b). The Provider Reimbursement Review Board held that...

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