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GARELICK v. SULLIVAN

No. 215, Docket 92-6100.

987 F.2d 913 (1993)

Bertha GARELICK; Yolanda Restaino; Elena Savino; David Atkinson; Bruce Konrad; Peter T. Pickering, Plaintiffs-Appellants, v. Louis W. SULLIVAN, M.D., Secretary of the U.S. Department of Health and Human Services; William Toby, Administrator, Health Care Financing Administration, Region II, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 5, 1993.

Attorney(s) appearing for the Case

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

Linda A. Riffkin, Sp. Asst. U.S. Atty. (Otto G. Obermaier, U.S. Atty., S.D.N.Y. and Paul K. Milmed, Asst. U.S. Atty., of counsel), for defendants-appellees.

Before: VAN GRAAFEILAND, PRATT and WALKER, Circuit Judges.

WALKER, Circuit Judge:

The central questions presented by this appeal are whether a federal statutory scheme designed to control Medicare costs has caused a taking of property from plaintiff anesthesiologists requiring compensation under the Fifth Amendment and whether plaintiff limited-income Medicare beneficiaries have standing to assert a constitutional challenge to the statutory scheme based upon increased physician medical charges allegedly caused by the cost...

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