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ERIKA, INC. v. UNITED STATES

No. 374-77.

634 F.2d 580 (1980)

ERIKA, INC. v. The UNITED STATES.

United States Court of Claims.

October 22, 1980.

Attorney(s) appearing for the Case

Stephen H. Oleskey, Boston, Mass., attorney of record, for plaintiff. Timothy H. Gailey and Hale & Dorr, Boston, Mass., of counsel.

Dwight D. Meier, Washington, D.C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D.C., for defendant. Margaret Porter, Dept. of Health and Human Services, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KASHIWA, KUNZIG, BENNETT, and SMITH, Judges, en banc.

ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

FRIEDMAN, Chief Judge:

This case, before us on cross-motions for partial summary judgment,1 presents two questions under part B of the Medicare program (Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (1976)): (1) are any determinations relating to benefits under part B judicially reviewable, and (2) if the determinations here involved are reviewable,...

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