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BIO-MEDICAL APPLICATIONS OF PROVIDENCE v. HECKLER

Civ. A. No. 83-1397.

593 F.Supp. 1233 (1984)

BIO-MEDICAL APPLICATIONS OF PROVIDENCE, INC. d/b/a Artificial Kidney Center of Rhode Island, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of Health and Human Resources, Defendant.

United States District Court, District of Columbia.

September 25, 1984.

Attorney(s) appearing for the Case

James L. Quarles, III, Hale & Dorr, Washington, D.C., Stephen H. Oleskey, Hale & Dorr, Boston, Mass., for plaintiffs.

Richard K. Willard, Acting Atty. Gen., Lewis K. Wise and Hermes Fernandez, U.S. Dept. of Justice, Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, Asst. U.S. Atty., Juan A. Del Real, Gen. Counsel, Ann T. Hunsaker, Asst. Gen. Counsel, Washington, D.C., and Gerard Keating for Dept. of Health & Human Services.

CHARLES R. RICHEY, District Judge.

The Court has before it defendant's motion to dismiss, plaintiffs' motion for summary judgement, and defendant's cross-motion for summary judgement, as well as memoranda in support thereof and in opposition thereto. Plaintiffs in this case challenge a rule issued in December 1982 by the defendant Secretary, released initially in a Health Care Financing Administration (HCFA) intermediary letter, and then later published as a revision...

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