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FRIEDMAN v. HECKLER

No. 1253, Docket 85-6046.

765 F.2d 383 (1985)

Jack FRIEDMAN and Sidney Greenwald, d/b/a Fort Tryon Nursing Home, Plaintiffs-Appellants, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 24, 1985.

Attorney(s) appearing for the Case

Marvin Neiman, New York City, for plaintiffs-appellants.

Richard M. Schwartz, Asst. U.S. Atty., for the S.D.N.Y., Rudolph W. Giuliani, U.S. Atty., for the S.D.N.Y., Jane E. Booth, Asst. U.S. Atty., Shelley Steuer, Asst. Regional Atty., Dept. of Health and Human Services, New York City, of counsel, for defendant-appellee.

Before FEINBERG, Chief Judge, and FRIENDLY and PRATT, Circuit Judges.

FEINBERG, Chief Judge:

Jack Friedman and Sidney Greenwald, doing business as Fort Tryon Nursing Home (Fort Tryon), appeal from a judgment, entered by Judge Kevin T. Duffy in the United States District Court for the Southern District of New York, dismissing their complaint. Friedman and Greenwald brought this action pursuant to 42 U.S.C. § 1395oo(f)(1) to review a final decision of the Provider Reimbursement Review Board (the Board) affirming the denial...

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