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ROEN v. SULLIVAN

Civ. No. 4-90-729.

764 F.Supp. 555 (1991)

Ann ROEN, Myrl Jehoich, Dorothy Jehoich, Gwenyth Hochradel, C.T., Dr. Gerald Arne, and Dr. Patrick Napoli, Plaintiffs, v. Louis W. SULLIVAN, Secretary, United States Department of Health and Human Services, Defendant, and Share, Applicant for Intervention.

United States District Court, D. Minnesota, Fourth Division.

January 24, 1991.

Attorney(s) appearing for the Case

Paul M. Begich, Robin & Thompson, Wayzata, Minn. and William D. Hull, Timmer & Van Vliet, Minneapolis, Minn., for plaintiffs.

James R. Goeser, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, Region V, Chicago, Ill., and Friedrich A.P. Siekert, Asst. U.S. Atty., D. Minnesota, Minneapolis, Minn., for defendant.

Keith H. Halleland and Leo J. Whelan, Popham, Haik, Schnobrich & Kaufman, Minneapolis, Minn., for party moving to intervene.

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

Plaintiff chiropractors and enrollees in health maintenance organizations (HMOs) brought this action against the Secretary of Health and Human Services for declaratory and other relief under Part B of the Medicare program. Before the court are the motions of the Secretary to dismiss for lack of subject matter jurisdiction and for failure to state a claim, and of plaintiffs for partial summary...

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