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NEW YORK CITY HEALTH AND HOSPITALS CORP. v. BLUM

No. 936, Docket 81-6251.

678 F.2d 392 (1982)

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Plaintiff-Appellant, v. Barbara B. BLUM, as Commissioner of Social Services of the State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 4, 1982.

Attorney(s) appearing for the Case

Peter F. Nadel, New York City (Rosenman, Colin, Freund, Lewis & Cohen, Stephen L. Ratner, Edward S. Kornreich, New York City, of counsel), for plaintiff-appellant.

J. D. Pope, Asst. U. S. Atty., S. D. N. Y., New York City (John S. Martin, Jr., U. S. Atty., S. D. N. Y., Richard N. Papper, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee, Secretary of the Department of Health and Human Services.

Neal Johnston, Asst. Atty. Gen. of N. Y., New York City (Robert Abrams, Atty. Gen. of N. Y., New York City, of counsel), for Barbara B. Blum, David Axelrod and Howard F. Miller, defendants-appellees.

Before FEINBERG, Chief Judge, WINTER, Circuit Judge, and MISHLER, District Judge.

FEINBERG, Chief Judge:

This appeal concerns one in a long series of challenges to the methodology chosen by the State of New York, with the approval of the Secretary of the United States Department of Health and Human Services, for computing Medicaid reimbursement under the Medicaid Act, 42 U.S.C. §§ 1396 et seq. (1976). This particular challenge was brought by the New York City Health and Hospitals Corporation (HHC), a public benefit corporation that operates...

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