COSGROVE v. SULLIVAN

No. 85 Civ. 4472 (GLG).

783 F.Supp. 769 (1991)

Mary COSGROVE, et al., Plaintiffs, v. Louis W. SULLIVAN, in his capacity as Secretary of the Department of Health and Human Services, et al., Defendants.

United States District Court, S.D. New York.

February 6, 1991.


Attorney(s) appearing for the Case

Brown & Seymour (Whitney North Seymour, Jr., Craig A. Landy, of counsel), New York City, for plaintiffs.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., by Lorraine S. Novinski, Sp. Asst. U.S. Atty., New York City, for defendants.


OPINION

GOETTEL, District Judge.

In 1986, plaintiffs Mary Cosgrove, et al. commenced a nationwide class action against defendants Otis Bowen, the Secretary of the Department of Health and Human Services ("HHS") to challenge an administrative regulation used to determine reimbursement levels for certain physician services under Part B of the Medicare program. Plaintiffs are now applying for an order compelling...

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