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TATARANOWICZ v. SULLIVAN

No. 91-5052.

959 F.2d 268 (1992)

Mary TATARANOWICZ, et al., Appellees, v. Louis W. SULLIVAN, M.D., in his Official Capacity as Secretary, Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 1992.

Rehearing and Rehearing Denied June 1, 1992.

Attorney(s) appearing for the Case

Howard S. Scher, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Barbara Biddle, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant.

Thomas C. Fox, Washington, D.C., for appellees.

Before: BUCKLEY and WILLIAMS, Circuit Judges, and ALAN D. LOURIE, Circuit Judge, U.S. Court of Appeals for the Federal Circuit.

Rehearing and Rehearing En Banc Denied June 1, 1992.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Dissenting opinion filed by Circuit Judge BUCKLEY.

STEPHEN F. WILLIAMS, Circuit Judge:

In the Medicare Catastrophic Coverage Act of 1988 ("Catastrophic Coverage Act"), Pub.L. No. 100-360, 102 Stat. 683 (1988), Congress expanded Medicare coverage for services in qualified skilled nursing facilities ("SNFs"). The next year, reacting...

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