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NATIONAL KIDNEY PATIENTS ASS'N v. BOWEN

Civ. A. No. 88-3251 SS.

754 F.Supp. 900 (1991)

NATIONAL KIDNEY PATIENTS ASSOCIATION, et al., Plaintiffs, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

January 17, 1991.

Attorney(s) appearing for the Case

Nathan Lewin, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for plaintiffs.

Richard G. Lepley, U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION

SPORKIN, District Judge.

This case is now before the Court after a protracted series of proceedings. The plaintiffs filed suit in 1988 seeking to prevent the Health Care Financing Association ("HCFA") from lowering reimbursement rates for certain services covered by Medicare. On December 22, 1988, this Court issued a preliminary order enjoining the rate reduction. The Court of Appeals subsequently vacated the preliminary injunction after...

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