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ABBEY v. SULLIVAN

No. 91 Civ. 4909 (RLC).

788 F.Supp. 165 (1992)

Richard ABBEY, et al., Plaintiffs, v. Louis W. SULLIVAN, as Secretary of the Department of Health and Human Services, William Toby, Harvey W. Friedman, William C. Woodson, and Rela Heimberg, Defendants.

United States District Court, S.D. New York.

February 7, 1992.

Attorney(s) appearing for the Case

Brown & Seymour, New York City (Whitney North Seymour, Jr., New York City, of counsel) for plaintiffs.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City (Gideon A. Schor, New York City, of counsel) for defendants.

OPINION

ROBERT L. CARTER, District Judge.

This case presents a controversy over the power of a federal court to review a dispute arising under the Medicare Act, 42 U.S.C. § 1395 et seq. (the "Act" or the "Medicare Act"). Plaintiffs are claimants for medical benefits under the Medicare Act. Defendants are the Secretary of the Department of Health and Human Services ("HHS"); the administrator for region II of the Health Care Financing Administration...

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