POLITZ, Circuit Judge:
The Secretary of Health and Human Services appeals a summary judgment invalidating the 1979 medicare regulation known as the Malpractice Rule, now 42 C.F.R. § 405.452(a)(1)(ii) (1984). The district court found the rule arbitrary and capricious, contrary to 5 U.S.C. § 706(2)(A). We modify the judgment and, as modified, affirm.
Facts and Procedural Background
The Malpractice Rule was promulgated by the Secretary...
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