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GROUP HEALTH INC. v. BLUE CROSS ASS'N.

Nos. 703, 704, Dockets 85-6314, 85-6324.

793 F.2d 491 (1986)

GROUP HEALTH INCORPORATED, Plaintiff-Appellee, v. BLUE CROSS ASSOCIATION and Blue Shield of Greater New York, Defendants-Appellants, United States Department of Health and Human Services, Intervenor-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 20, 1986.

Attorney(s) appearing for the Case

Susan E. Harkins, Asst. U.S. Atty., for S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., Jane E. Booth, Asst. U.S. Atty., New York City, of counsel), for intervenor-defendant-appellant.

Robert A. Bicks, New York City (Alan C. Drewsen, David H. Kagan, Breed, Abbott & Morgan, New York City, of counsel), for defendants-appellants.

John M. O'Connor, New York City (Mark Weldon, DeForest & Duer, New York City, of counsel), for plaintiff-appellee.

Before FEINBERG, Chief Judge, and Van GRAAFEILAND and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal concerns the relationship between a provider of insurance for medical and health services under Medicare and the fiscal intermediaries through which this provider elected to receive reimbursement from the federal government. One issue is whether or not the fiscal intermediaries were government agents acting within the scope of their authority. The government urges us to find that these intermediaries acted as government agents...

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