N.J. SPEECH-LANGUAGE-HEARING v. PRUDENTIAL INS. CO.

No. 83-5118.

724 F.2d 383 (1983)

NEW JERSEY SPEECH-LANGUAGE-HEARING ASSOCIATION, a New Jersey corporation; New Jersey Association of Speech Pathologists and Audiologists in Private Practice, a New Jersey corporation, Jules Kronengold, M.A.; Irwin Blake, Ph.D.; and Harriet Schwartz, M.A., on behalf of themselves as speech-language pathologists and all other entities and persons similarly situated, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation; United States Department of Health and Human Services; Richard Schweiker, Secretary of Health and Human Services; Health Care Financing Administration and Carolyn K. Davis, Administrator, Health Care Financing Administration. Appeal of NEW JERSEY SPEECH-LANGUAGE-HEARING ASSOCIATION, New Jersey Association of Speech Pathologists and Audiologists in Private Practice, Irwin Blake, Ph.D., and Harriet Schwartz, M.A.

United States Court of Appeals, Third Circuit.

Decided December 29, 1983.


Attorney(s) appearing for the Case

Barry H. Ostrowsky (argued), H. Neil Broder, Dean Kant, Brach, Eichler, Rosenberg, Silver, Bernstein & Hammer, P.A., Roseland, N.J., for appellants.

Judy Sello, Asst. U.S. Atty. (argued), W. Hunt Dumont, U.S. Atty., Ronald H. Clark, Asst. U.S. Atty., Newark, N.J., for appellees.

Before ALDISERT, HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Plaintiffs in this civil action are two organizations of speech pathologists and audiologists and three individually named speech therapy professionals. They brought suit against the United States Department of Health and Human Services ("HHS"), the Health Care Financing Administration ("HCFA"), Prudential Insurance Company of America ("Prudential") in its capacity as a fiscal intermediary under the...

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