BODIMETRIC HEALTH SERVICES, INCORPORATED, Bodimetric Home Health Care, Incorporated and American Service Bureau, Incorporated, Plaintiffs-Appellants and Cross-Appellees,
v.
AETNA LIFE & CASUALTY, Defendant-Appellee,
United States of America, Intervenor-Cross-Appellant.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued December 15, 1989.
Decided May 25, 1990.
As Amended June 5, 1990.
Attorney(s) appearing for the Case
Barbara S. Steiner, Theodore Tetzlaff, Jenner & Block, Chicago, Ill., Leonard C. Homer, Carel T. Hedlund, David B. Hamilton, Ober, Kaler, Grimes & Shriver, Baltimore, Md., George Koelzer, Ober, Kaler, Grimes & Shriver, New York City, for plaintiffs-appellants and cross-appellees.
Jack R. Bierig, David F. Graham, Robert M. Portman, Sidley & Austin, Chicago, Ill., for defendant-appellee.
Thomas P. Walsh, Asst. U.S. Atty., Chicago, Ill., Anthony J. Steinmeyer, Peter P. Maier, Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., for intervenor.
Before CUDAHY, EASTERBROOK and KANNE, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
CUDAHY, Circuit Judge.
Bodimetric Health Services ("Bodimetric")1 brought suit against Aetna Life & Casualty ("Aetna") for improperly denying reimbursement claims made under the Medicare Act, 42 U.S.C.A. section 1395 et seq. (West Supp. 1990). Aetna defended itself with a motion to dismiss for lack of subject matter jurisdiction, alleging that the exclusive review mechanisms of the Medicare Act barred Bodimetric from pursuing...
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