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MICH. ACADEMY OF FAMILY PHYS. v. BLUE CROSS

No. 81-1202.

728 F.2d 326 (1984)

MICHIGAN ACADEMY OF FAMILY PHYSICIANS, et al., Plaintiffs-Appellees, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN and Richard S. Schweiker, Secretary of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1984.

Attorney(s) appearing for the Case

Leonard R. Gilman, U.S. Atty., Michele Coleman Mayes, Asst. U.S. Atty., Detroit, Mich., Thomas Stuber, Atty., argued, Dept. of Health & Human Services, Baltimore, Md., for defendants-appellants.

Alan Gilchrist, argued, Frimet, Bellamy & Gilchrist, Detroit, Mich., for plaintiffs-appellees.

Before JONES, Circuit Judge, and PECK and BROWN, Senior Circuit Judges.

JOHN W. PECK, Senior Circuit Judge.

The principal question raised in this appeal is the validity of the method adopted by the Department of Health and Human Services (HHS) by which certain eligible individuals receive reimbursement for services performed by physicians and other individuals pursuant to the federal Health Insurance for the Aged and Disabled Act (Medicare), 42 U.S.C. § 1395 et seq. The Michigan Academy...

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