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GOOD SAMARITAN MEDICAL CENTER v. HECKLER

No. C-2-84-0336.

605 F.Supp. 19 (1984)

GOOD SAMARITAN MEDICAL CENTER, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendants.

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

September 20, 1984.

Attorney(s) appearing for the Case

David J. Young, Peter A. Pavarini, Steven W. Tigges, Murphey, Young & Smith, Columbus, Ohio, for plaintiffs.

Drake Cutini, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for defendants.

OPINION AND ORDER

KINNEARY, District Judge.

This matter comes before the Court to consider the defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b). Plaintiffs, eleven rural hospitals, challenge the constitutionality of the Social Security Amendments of 1983 which, in relevant part, authorize the Secretary of Health and Human Services to calculate separate schedules for reimbursement of service providers according to whether a...

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