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UNIVERSITY OF CHICAGO HOSP. & CLINICS v. HECKLER

No. 84 C 4643.

605 F.Supp. 585 (1985)

UNIVERSITY OF CHICAGO HOSPITALS AND CLINICS, Plaintiff, v. Margaret M. HECKLER, Secretary, Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

January 7, 1985.

Attorney(s) appearing for the Case

Jane A. McAtee, University of Chicago Hospitals & Clinics, Chicago, Ill., Mitchell H. Kaplan, Choate, Hall & Stewart, Boston, Mass., for plaintiff.

James J. Kubik, Asst. U.S. Atty., Chicago, Ill., for defendant.

DECISION

McMILLEN, District Judge.

Defendant has filed a motion to dismiss the complaint in this case for lack of subject matter jurisdiction or failure to state a claim upon which relief can be granted. The complaint seeks to review and reverse a decision of the defendant as Secretary of H.H.S. in which she affirmed a final decision of the Provider Reimbursement Review Board to refuse jurisdiction over plaintiff's appeal of its Medicare reimbursement

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