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AMERICAN ACADEMY OF PEDIATRICS v. HECKLER

Civ. A. No. 83-0774.

561 F.Supp. 395 (1983)

AMERICAN ACADEMY OF PEDIATRICS, National Association of Children's Hospitals and Related Institutions, Children's Hospital National Medical Center, Plaintiffs, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

April 14, 1983.

Attorney(s) appearing for the Case

Thomas C. Fox, Stephen E. Lawton, Elizabeth B. Carder, Washington, D.C., for plaintiffs.

Neil H. Koslowe, Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM

GESELL, District Judge.

This case involves the validity of an interim final regulation published by the defendant Secretary on March 7, 1983, without benefit of public comment, concerning the care and treatment of newborn infants in some 6,400 hospitals receiving federal funds. Plaintiffs contend that the regulation is arbitrary and capricious, that no justification existed for dispensing with public...

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