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BETHESDA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 86-3090.

810 F.2d 558 (1987)

BETHESDA HOSPITAL, et al., Plaintiffs-Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 2, 1987.

As Amended February 25, 1987.

Attorney(s) appearing for the Case

Anthony W. Nyktas, U.S. Atty., Donetta D. Wiethe, Asst. U.S. Atty., Cincinnati, Ohio, Edgar C. Morrison, Jr. (argued), Dept. of HHS, Washington, D.C., for defendant-appellant.

Barbara Scott Bison, Robert S. Bromberg, Cincinnati, Ohio, Leonard C. Homer (argued), Ober, Kaler, Grimes, & Shriver, Baltimore, Md., for plaintiffs-appellees.

Before KEITH and GUY, Circuit Judges, and EDGAR, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiffs, a group of twenty-nine hospitals which are providers of services under the Medicare Act, challenged in the district court the promulgation of the 1979 Malpractice Rule by the Secretary of Health and Human Services. In addition, two of the hospitals contested a decision by the Provider Reimbursement Review Board (PRRB) that it lacked jurisdiction to review their claims because those claims were not properly raised in their...

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