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ARKANSAS METHODIST HOSP. v. HECKLER

Nos. J-C-83-106, J-C-83-148.

597 F.Supp. 238 (1984)

ARKANSAS METHODIST HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant. BATES MEMORIAL HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. Arkansas, Jonesboro Division.

November 2, 1984.

Attorney(s) appearing for the Case

Thomas B. Staley, William T. Marshall, House, Holmes & Jewell, Little Rock, Ark., Leonard C. Homer, Margaret M. Manning, Ober, Grimes & Shriver, Baltimore, Md., for plaintiffs.

Elise Smith, U.S. Dept. of Health and Human Services, Washington, D.C., Katherine Savers McGovern, Asst. U.S. Atty., E.D. Arkansas, Little Rock, Ark., for defendant.

MEMORANDUM OPINION

HENRY WOODS, District Judge.

Plaintiffs, "providers" under the Medicare legislation (42 U.S.C. § 1395x(u)), challenge in these two cases a 1979 regulation that altered the manner in which they are reimbursed by the defendant for a portion of their annual medical malpractice insurance costs. They challenge the 1979 regulation on both procedural and substantive grounds. Initially, the Court must consider the defendant's motion to strike...

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