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GREATER CLEVELAND HOSP. ASS'N v. SCHWEIKER

No. C81-1757.

599 F.Supp. 1000 (1984)

GREATER CLEVELAND HOSPITAL ASSOCIATION GROUP APPEAL, Amherst Hospital, Brentwood Hospital, Deaconess Hospital, Elyria Memorial Hospital, Euclid General Hospital, Fairview General Hospital, Geauga Community Hospital, Grace Hospital, Hillcrest Hospital, Huron Road Hospital, Lutheran Medical Center, Cleveland Metropolitan General Hospital, The Mount Sinai Hospital, Parma Community Hospital, Southwest General Hospital, Saint Alexis Hospital, Saint John Hospital, Saint Luke's Hospital, Plaintiffs, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Blue Cross Association, Blue Cross Association of Northeast Ohio, Defendants.

United States District Court, N.D. Ohio, E.D.

March 27, 1984.

Attorney(s) appearing for the Case

Harry T. Quick, Arter & Hadden, Cleveland, Ohio, for plaintiffs.

Marcia W. Johnson, Asst. U.S. Atty., Cleveland, Ohio, Donna Morros Weinstein, Regional Atty., Alvin N. Jaffe, Regional Atty., Dept. of Health and Human Services, Chicago, Ill., for defendants.

MEMORANDUM OF OPINION AND ORDER

KRENZLER, District Judge.

This is an action for judicial review of the Secretary of Health and Human Services' final decision denying plaintiffs' claims for reimbursement under the Medicare program (Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.).

Both parties have filed summary judgment motions which are pending before the Court. At issue is the validity of the Medicare regulation...

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