CATHOLIC SOCIAL SERVICE v. SHALALA

No. 92-5249.

12 F.3d 1123 (1994)

CATHOLIC SOCIAL SERVICE, et al., Appellants, v. Donna E. SHALALA, Secretary, Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 1994.


Attorney(s) appearing for the Case

James C. Pyles, Washington, DC, argued the cause for appellants. With him on the brief was Jenny A. Brody.

Edward T. Swaine, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for appellee. With him on the brief were J. Ramsey Johnson, Acting U.S. Atty. at the time the brief was filed, Barbara C. Biddle, Atty., U.S. Dept. of Justice, Harriet S. Rabb, Gen. Counsel, Darrel J. Grinstead, Associate Gen. Counsel, Henry R. Goldberg, Litigation Deputy, and Gerard Keating, Atty., U.S. Dept. of Health and Human Services, Anthony J. Steinmeyer, Asst. Director of Appellate Staff, U.S. Dept. of Justice, entered an appearance.

Before: EDWARDS and SILBERMAN, Circuit Judges, and RESTANI, Judge, United States Court of International Trade.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

A group of home health care providers appeal from the district court's dismissal of their suit challenging a Health and Human Services regulation on grounds that they lack standing. We agree with appellants as to their standing but nevertheless affirm the district court because appellants' substantive claim is not valid.

I.

Appellants challenge a Medicare cost...

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