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ASSOCIATION OF SEAT LIFT MFRS. v. BOWEN

No. 87-3149.

858 F.2d 308 (1988)

ASSOCIATION OF SEAT LIFT MANUFACTURERS, a trade association, Halsom Home Care, a corporation, and Hudson Home Health Care, Inc., a corporation, Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1988.

Attorney(s) appearing for the Case

Kenneth Berlin (argued), Paul Bousquet (Lead), Winston & Strawn, Washington, D.C., Charles M. Rosenberg, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, for plaintiffs-appellants.

Marcia W. Johnson, Annette G. Butler, Arthur I. Harris, Asst. U.S. Attys., Cleveland, Ohio, Alan S. Dorn (argued), Chicago, Ill., for defendants-appellees.

Before ENGEL, Chief Judge, KENNEDY and KRUPANSKY, Circuit Judges.

KRUPANSKY, Circuit Judge.

This action arises under Title XVIII of the Social Security Act 42 U.S.C.A. § 1395 et seq., (West 1983) commonly referred to as Medicare (hereinafter Program) wherein the appellants seek to vacate a determination by Nationwide Mutual Insurance Company (Carrier), the Part B Ohio Medicare Carrier, fixing the allowable "reasonable charge" for a seat lift chair payable to Medicare beneficiaries under Part B of the Program in Ohio...

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