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HOPEWELL NURSING HOME, INC. v. HECKLER

No. 83-1848.

784 F.2d 554 (1986)

HOPEWELL NURSING HOME, INC., a South Carolina Corporation, and William P. Betchman, an Individual, on behalf of themselves and all other entities and persons similarly situated, Appellants, v. Margaret M. HECKLER, Secretary of Health and Human Services, United States Department of Health; James B. Cardwell, Commissioner of Social Security, United States Department of Health; Frank J. Groschelle, Regional Director, United States Department of Health; and James W. Murray, Regional Commissioner, Social Security Administration, United States Department of Health, Education and Welfare, Region IV, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1986.

Attorney(s) appearing for the Case

Eugene Tillman (Thomas C. Fox, Joel M. Hamme, Anne W. Weisman, Pierson, Ball & Dowd, Washington, D.C., Harry S. Dent, Harry S. Dent & Associates, Columbia, S.C., on brief), for appellants.

Amy Yourman, Dept. of Health and Human Services, Office of the General Counsel, New York City (Juan A. Del Real, General Counsel, Ann T. Hunsaker, Asst. General Counsel, Washington, D.C., on brief), for appellees.

Before WIDENER, MURNAGHAN and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Plaintiffs, Hopewell Nursing Home, Inc. and William P. Betchman, on behalf of themselves and other persons and entities similarly situated,1 appeal from the district court's dismissal of their claims challenging the survey methods used by the Secretary of the Department of Health and Human Services to determine the ranges of compensation under the provider reimbursement program of the Medicare Act, 42 U.S.C. §...

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