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ABINGTON MEMORIAL HOSP. v. HECKLER

No. 84-1079.

750 F.2d 242 (1984)

ABINGTON MEMORIAL HOSPITAL, et al. v. HECKLER, Margaret M., Secretary of the Department of Health and Human Services and Davis, Carolyne K., Administrator Health Care Financing Administration. MEMORIAL OSTEOPATHIC HOSPITAL, et al. v. HECKLER, Margaret M., Secretary of the Department of Health and Human Services and Davis, Carolyne K., Administrator, Health Care Financing Administration. ALLEGHENY GENERAL HOSPITAL, et al. v. HECKLER, Margaret M., Secretary of the Department of Health and Human Services and Davis, Carolyne K., Administrator Health Care Financing Administration. Margaret M. Heckler, et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided December 13, 1984.

As Amended January 21, 1985.

Rehearing and Rehearing Denied February 14, 1985.

Attorney(s) appearing for the Case

Katherine S. Gruenheck (argued), Anthony J. Steinmeyer, Robert V. Zener, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Edward S.G. Dennis, Jr., U.S. Atty., Philadelphia, Pa., for appellants.

Jane D. Elliott (argued), Roland Morris, David E. Loder, Duane, Morris & Heckacher, Philadelphia, Pa., for appellees.

Leonard C. Homer, Margaret M. Manning, Carel T. Hedlund, Ober, Kaler, Grimes & Shriver, Baltimore, Md., for amici curiae Florida Hospital Ass'n, North Carolina Hospital Ass'n, Ohio Hospital Ass'n, Virginia Hospital Ass'n.

Before HUNTER and WEIS, Circuit Judges, and COHEN, District Judge.

Rehearing and Rehearing In Banc Denied February 14, 1985.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal arises from an order invalidating a regulation promulgated under Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (1982) ("the Medicare Act"). The regulation in question governs the reimbursement of malpractice insurance premiums associated with the care of Medicare patients to health-care providers...

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