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ABBEY v. SULLIVAN

No. 1638, Docket 92-6055.

978 F.2d 37 (1992)

Richard ABBEY; Charles Brewer; Frank Cirillo; Thomas Dowd; Charles W. Goble; Milton Kramer; Stanley Kuberski; Nicholas Macaluso; Helen Murch; Abraham Pilicer; Albert F. Salamone; Harold Rogers; Ernest Viani, Plaintiffs-Appellants, v. Louis W. SULLIVAN, M.D., as Secretary of the Department of Health and Human Services; William Toby; Harvey W. Friedman; William C. Woodson; Rela Heimberg, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 28, 1992.

Attorney(s) appearing for the Case

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

Gideon A. Schor, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Gabriel W. Gorenstein, Asst. U.S. Atty., of counsel), for defendants-appellees.

Before: OAKES, Chief Judge, NEWMAN and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Plaintiffs are participants in the Medicare Part B program, 42 U.S.C. §§ 1395j-1395w-4. They presented claims for medical benefits to Empire Blue Cross and Blue Shield ("Empire") and Blue Shield of Western New York ("BSWNY"); these are private insurance carriers with whom the government has contracted to administer the Part B claims process. Each plaintiff requested a "fair hearing" to review the award of benefits, and Hearing...

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