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COSGROVE v. BOWEN

No. 85 Civ. 4472 (GLG).

649 F.Supp. 1433 (1986)

Mary COSGROVE, Nancy Lella and John Shepsky, individually and on behalf of all others similarly situated, and Rose Singer, individually and as administratrix of the estate of Emil Singer, and on behalf of all others similarly situated, Plaintiffs, v. Otis R. BOWEN, in his capacity as Secretary of the Department of Health and Human Services, and Carolyn K. Davis, in her capacity as Administrator of the Health Care Finance Agency, Defendants.

United States District Court, S.D. New York.

December 22, 1986.

Attorney(s) appearing for the Case

Brown & Seymour, New York City, for plaintiffs; Whitney North Seymour, Jr., Claude P. Bordwine, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., for defendants; Mary Anne Wirth, Asst. U.S. Atty., Annette H. Blum, Regional Atty., Elizabeth Dusaniwskyj, Asst. Regional Atty., Office of the Regional Counsel, Dept. of Health and Human Services, of counsel.

GOETTEL, District Judge:

The plaintiffs bring this putative class action challenging an administrative regulation promulgated and applied by the defendants to determine reimbursement levels for certain physicians' services under Part B of the Medicare program.

Background

The named plaintiffs are individuals enrolled in Medicare Part B,1 a voluntary, federally subsidized health insurance program established under...

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