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KEAN v. HECKLER

No. 85-5663.

799 F.2d 895 (1986)

Thomas H. KEAN, Governor of the State of New Jersey, and J. Richard Goldstein, M.D., New Jersey State Commissioner of Health, Appellees, v. Margaret HECKLER, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 28, 1986.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., Thomas W. Greelish, U.S. Atty., John F. Cordes, John F. Daly (argued), Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., Ronald E. Robertson, Gen. Counsel, Ann T. Hunsaker, Asst. Gen. Counsel, Thomas W. Coons, Atty., Dept. of Health and Human Services, for appellant.

Irwin I. Kimmelman, Atty. Gen. of N.J., James J. Ciancia, Asst. Atty. Gen., Charlotte Kitler, Deputy Atty. Gen. (argued), Trenton, N.J., for appellees.

Giordano, Halleran & Ciesla, Frank R. Ciesla, Middletown, N.J., for amicus curiae, New Jersey Hosp. Assn.

Before SEITZ, HIGGINBOTHAM, and BECKER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellant, the Secretary of Health and Human Services (Secretary), appeals from an order granting summary judgment in favor of appellees. We have jurisdiction under 28 U.S.C. § 1291.

I.

This case stems from a disagreement between the State of New Jersey and the Secretary over the method by which hospitals in New Jersey will be reimbursed for services they perform on an outpatient basis under...

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