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GRAY PANTHERS v. SCHWEIKER

Nos. 82-1856, 82-2098.

716 F.2d 23 (1983)

The GRAY PANTHERS, et al. v. Richard S. SCHWEIKER, Secretary, Department of Health, Education and Welfare, Appellant. The GRAY PANTHERS, et al. v. Richard S. SCHWEIKER, Secretary, Department of Health, Education and Welfare, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 1983.

Attorney(s) appearing for the Case

Mark H. Gallant, Atty., Dept. of Justice, Washington, D.C., with whom Stanley S. Harris, U.S. Atty., William Kanter, Atty., Dept. of Justice, Juan A. del Real, Gen. Counsel, Lynne K. Zusman, Deputy Gen. Counsel, Henry Goldberg and Henry Eigles, Dept. of Health and Human Services, Washington, D.C., were on brief, for appellant.

Sally Hart Wilson, Los Angeles, Cal., of the Bar of the Supreme Court of the State of Cal., pro hac vice, by special leave of the Court, with whom Bruce M. Fried and Daniel R. Ohlbaum, Washington, D.C., were on brief, for appellees. Burton D. Fretz, Washington, D.C., and Gill W. DeFord, Los Angeles, Cal., also entered appearances for appellees.

Before MIKVA and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge MIKVA.

Special concurring opinion filed by Senior Circuit Judge MacKINNON.

MIKVA, Circuit Judge:

This class action, originally filed by the Gray Panthers and various named beneficiaries of the Medicare program in 1977, is before this court for the second time. In our first decision, we concluded that procedures adopted by the Department of Health and Human Services (HHS or Department) to resolve disputes...

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