NATIONAL KIDNEY PATIENTS ASS'N v. SULLIVAN

Nos. 89-5039, 89-5040.

902 F.2d 51 (1990)

NATIONAL KIDNEY PATIENTS ASS'N, et al., Appellees, v. Louis W. SULLIVAN, M.D., et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1990.


Attorney(s) appearing for the Case

John Vanderstar, with whom Ellen J. Flannery and Bruce N. Kuhlik, Washington, D.C., were on the brief, for appellant, Blue Cross Blue Shield of Florida, Inc.

Jeffrica Jenkins Lee, Atty., with whom Jay B. Stephens, U.S. Atty., Stuart E. Schiffer, Acting Asst. Atty. Gen., and John F. Cordes, Atty., Washington, D.C., were on the brief, for appellants, Louis W. Sullivan, M.D., and the Dept. of Health and Human Services.

Nathan Lewin, with whom Stevan E. Bunnell, Washington, D.C., was on the brief, for appellees.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and OBERDORFER, District Judge.


Opinion for the Court filed PER CURIAM.

PER CURIAM:

This case arises from a dispute over the administration of Medicare Part B payments for renal dialysis treatment. Plaintiffs below, an association of dialysis patients and dialysis suppliers, sought to enjoin the Department of Health and Human Services ("HHS") and a local insurance carrier, Blue Cross and Blue Shield of Florida, Inc. ("Blue Cross"), from reducing medicare reimbursements for home dialysis...

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