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BEDFORD COUNTY GENERAL HOSP. v. HECKLER

No. 84-5051.

757 F.2d 87 (1985)

BEDFORD COUNTY GENERAL HOSPITAL, et al., Plaintiffs-Appellants, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1985.

Attorney(s) appearing for the Case

David S. Neiger, Weissburg & Aronson, Inc., Patric Hooper, argued, Michael Tichon, Los Angeles, Cal., Sarah Y. Sheppeard, Lockridge & Becker, Knoxville, Tenn., for plaintiffs-appellants.

John W. Gill, U.S. Atty., James Michael Haynes, Asst. U.S. Atty., Knoxville, Tenn., Juan A. Del Real, Gen. Counsel, Ann Hunsaker, Dept. of Health & Human Services, Health Care Financing & Human Development Services Div., Washington, D.C., Henry Eigles, argued, Dept. of Health & Human Services, Baltimore, Md., for defendant-appellee.

Before LIVELY, Chief Judge, and MARTIN and KRUPANSKY, Circuit Judges.

KRUPANSKY, Circuit Judge.

Plaintiffs (eight nonprofit hospitals providing services to Medicare and other patients) appealed the summary judgment entered in favor of the Secretary and Health and Human Services (Secretary) in an action challenging the validity of a Medicare regulation. 574 F.Supp. 943. Specifically, plaintiffs contended below and on appeal that 42 C.F.R. § 405.310(j), which designated patients' bedside telephones...

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