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HEALTH CARE SERV. CORP. v. CALIFANO

Nos. 79-1217, 79-1233.

601 F.2d 934 (1979)

HEALTH CARE SERVICE CORPORATION, an Illinois Corporation, Plaintiff-Appellant, and Continental Casualty Company, an Illinois Corporation, Intervening Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, and Robert A. Derzon, Administrator, Health Care Financing Administration, Defendant-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 3, 1979.

Rehearing and Rehearing Denied August 24, 1979.

Attorney(s) appearing for the Case

James C. Munson, Kirkland & Ellis, Richard E. Friedman, Chicago, Ill., for intervening plaintiff-appellant.

Lloyd M. Weinerman, Dept. of HEW, Baltimore, Md., for defendant-appellees.

Before TONE, Circuit Judge, KUNZIG, Judge, and BAUER, Circuit Judge.

Rehearing and Rehearing In Banc Denied August 24, 1979.

PER CURIAM.

This case presents the question of whether the Secretary of the Department of Health, Education and Welfare was authorized by 42 U.S.C. § 1395b-1 to enter into an experimental contract for administration of Illinois Medicare Part B with a company that is not shown by the present record to be a "carrier" as defined by 42 U.S.C. § 1395u(f). Also presented is the question of whether...

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