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COSGROVE v. SULLIVAN

No. 283, Docket 92-6094.

999 F.2d 630 (1993)

Mary COSGROVE and John Shepsky, individually and on behalf of all others similarly situated, and Rose Singer, individually and as administratrix of the estate of Emil Singer, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Louis W. SULLIVAN, M.D., Secretary of the U.S. Department of Health and Human Services; J. Michael Hudson, Acting Administrator of the Health Care Financing Administration, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 21, 1993.

Attorney(s) appearing for the Case

Lorraine S. Novinski, Sp. Asst. U.S. Atty., S.D.N.Y., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, Thomas A. Zaccaro, Asst. U.S. Atty., of counsel), for defendants-appellants.

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

Before: LUMBARD, WINTER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

This appeal raises the question of whether a judicial decision is a "final determination" within the meaning of 42 U.S.C. § 1395l (j) triggering the accrual of interest on Medicare underpayments. See Cosgrove v. Sullivan, 783 F.Supp. 769 (S.D.N.Y.1991).

This case has a lengthy history, including several opinions detailing the case's factual background, see, e.g., Cosgrove v...

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