BLUE BELL MEDICAL, INC. v. PENNSYLVANIA BLUE SHIELD

Civ. A. No. 1:CV-91-1180.

775 F.Supp. 829 (1991)

BLUE BELL MEDICAL, INC., et al., Plaintiffs, v. PENNSYLVANIA BLUE SHIELD, in its capacity as Medicare Carrier, Louis W. Sullivan M.D., Secretary of Health and Human Services, Defendants.

United States District Court, M.D. Pennsylvania.

October 15, 1991.


Attorney(s) appearing for the Case

David D. Queen, Carl T. Hedlund, Ober, Kaler, Grimes & Schriver, Baltimore, Md., for plaintiffs.

Michael J. Kane, Harrisburg, Pa., Lawrence J. Harder, H. Anthony Lim, Thomas W. Coons, Dept. of Health and Human Services, Office of General Counsel, Baltimore, Md., for defendants.


MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

We are currently considering the plaintiffs' petition for a writ of mandamus and the defendants' motion to dismiss or, in the alternative, for summary judgment.

The fifteen plaintiffs are providers of services within the meaning of Part B of the Medicare program. See 42 U.S.C. § 1395j-1395w. They filed this action to contest a recent unilateral decision by defendant...

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