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KURITZKY v. BLUE SHIELD OF WESTERN NEW YORK, INC.

No. 1282, Docket 88-6068.

850 F.2d 126 (1988)

Dr. Alan S. KURITZKY, Dr. Robert Schultz and Dr. Theodore Herman, Nephrology Associates of Western New York; Dr. Sidney Anthone and Dr. Roland Anthone, Anthone & Anthone, M.D., P.C.; Dr. Rocco Venuto, Dr. Albert D. Menno, Dr. Romesh K. Kohli, and Dr. Inkee Min, Buffalo Medical Group, P.C., Plaintiffs-Appellants, v. BLUE SHIELD OF WESTERN NEW YORK, INC., Otis Bowen, Secretary of Department of Health and Human Services, and William Roper, Administrator of Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Frederick B. Cohen, Buffalo, N.Y., for plaintiffs-appellants.

Lorraine Novinski, New York City (Ronald E. Robertson, Gen. Counsel, Susan V. Kayser, Asst. Regional Counsel, U.S. Dept. of Health & Human Services, New York City; Roger P. Williams, U.S. Atty., Daniel C. Olivero, Asst. U.S. Atty., Buffalo, N.Y., on the brief), for defendants-appellees.

Before NEWMAN, KEARSE, and CARDAMONE, Circuit Judges.

PER CURIAM:

Plaintiffs, physicians practicing in Western New York, appeal from a judgment of the District Court for the Western District of New York (John T. Elfvin, Judge) dismissing for lack of subject matter jurisdiction their complaint seeking Medicare payments under Part B of the Medicare Act, 42 U.S.C. §§ 1395j-1395w (1982 & West Supp. 1988). We agree with the District Court that this case is controlled by United States v. Erika, Inc., ...

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