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NEW YORK CITY HEALTH AND HOSPITALS v. PERALES

No. 142, Docket 91-6123.

954 F.2d 854 (1992)

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION; Medical Society of the State of New York; Sidney Finkel and John A. Bleski, Plaintiffs-Appellants, v. Cesar A. PERALES, as Commissioner of Social Services of the State of New York and Louis W. Sullivan, M.D., as Secretary of the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 3, 1992.

Attorney(s) appearing for the Case

Peter F. Nadel, New York City (Rosenman & Colin, Joseph V. Willey; LeBoeuf, Lamb, Leiby & MacRae, Jay G. Safer, and Ronald J. Gizzi, of counsel), for plaintiffs-appellants.

Kay K. Gardiner, New York City, Asst. U.S. Atty., S.D.N.Y., Otto G. Obermaier, U.S. Atty., S.D.N.Y., and Marla Alhadeff, Asst. U.S. Atty., of counsel), for defendant-appellee Sullivan.

Before OAKES, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.

FEINBERG, Circuit Judge:

This case involves a challenge to New York State's elimination of the rights of health care providers to receive reasonable compensation when they treat poor Medicare patients. Plaintiff-appellant New York City Health and Hospitals Corporation is a New York public benefit corporation created by New York State. It is a principal provider of hospital services to the low-income population of the City. Plaintiff-Appellant Medical Society of the...

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