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AMERICAN HOSP. ASS'N v. BOWEN

No. 86-5579.

834 F.2d 1037 (1987)

AMERICAN HOSPITAL ASSOCIATION v. Otis R. BOWEN, Secretary, H.H.S., et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1987.

Attorney(s) appearing for the Case

John F. Daly, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and John F. Cordes, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants.

F. Joseph Nealon, Washington, D.C., for appellee.

Before WALD, Chief Judge, MIKVA and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.

WALD, Chief Judge:

We face here the issue of whether the Department of Health and Human Services ("HHS"), in implementing the system of "peer review" of Medicare outlays called for by Congress in its 1982 amendments to the Medicare Act, erred in not first undertaking the notice...

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