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NEW YORK CITY HEALTH & HOSP. CORP. v. HECKLER

No. 82 Civ. 4550 (WCC).

593 F.Supp. 226 (1984)

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Plaintiff, v. Margaret HECKLER, as Secretary of the United States Department of Health and Human Services, Cesar A. Perales, as Commissioner of Social Services of the State of New York, David Axelrod, as Commissioner of Health of the State of New York, and Michael Finnerty, as Director of the Budget of the State of New York, Defendants.

United States District Court, S.D. New York.

August 28, 1984.

Attorney(s) appearing for the Case

Rosenman Colin Freund Lewis & Cohen, New York City, for plaintiff; Joseph Zuckerman, Peter F. Nadel, Edward S. Kornreich, Edward Himmelfarb, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for State defendants; Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Judith A. Gordon, Marion R. Buchbinder, Asst. Attys. Gen., New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant Margaret Heckler; Frederick Lawrence, Asst. U.S. Atty., Annette H. Blum, Regional Atty.-Region II, Elizabeth Dusaniwskyj, Asst. Regional Atty., Dept. of Health and Human Services, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge.

New York City Health and Hospitals Corporation ("HHC"), which operates fourteen New York City hospitals, commenced the instant action against the Secretary of the Department of Health and Human Services ("the Secretary") and various New York State officials ("the State defendants"), challenging the method by which the State calculated the 1982 Medicaid reimbursement rate paid to three of HHC's hospitals. Specifically...

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