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STATE OF OR. O.B.O. OR. HEALTH SCIENCES v. BOWEN

No. 86-4369.

854 F.2d 346 (1988)

STATE OF OREGON, on Behalf of the OREGON HEALTH SCIENCES UNIVERSITY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health & Human Services; Blue Cross and Blue Shield Association; Blue Cross/Blue Shield of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1988.

Attorney(s) appearing for the Case

Christine A. Chute, Asst. Atty. Gen. for the State of Or., Salem, Or. and Mark S. Windisch, Weissburg and Aronson, Inc., Los Angeles, Cal., were on the brief and Margaret M. Manning (argued), Weissburg and Aronson, Inc., Los Angeles, Cal., for plaintiff-appellant.

William J. McIntyre, Asst. Regional Counsel, Office of Gen. Counsel, Dept. of Health and Human Services, Seattle, Wash., for defendants-appellees.

Before HALL and O'SCANNLAIN, Circuit Judges, and KELLER, District Judge.

O'SCANNLAIN, Circuit Judge:

The Oregon Health Sciences University appeals the district court's refusal to review Blue Cross/Blue Shield of Oregon's decision not to reopen reimbursement claims for services rendered by its University Hospital under the Medicare Act. The district court reached its decision on the grounds that neither agency review nor judicial review was permitted under the Act. We reverse and remand.

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