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MICHIGAN ASS'N OF INDEPEND. CLINICAL LAB. v. SHALALA

No. 92-2554.

52 F.3d 1340 (1994)

MICHIGAN ASSOCIATION OF INDEPENDENT CLINICAL LABORATORIES, et al., Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services and Blue Cross/Blue Shield of Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1994.

Rehearing Denied February 21, 1995.

Attorney(s) appearing for the Case

Raymond J. Sterling (argued and briefed), Driggers, Schultz, Herbst & Paterson, Troy, MI, for plaintiffs-appellants.

Ted Yasuda (argued and briefed), Dept. of Health and Human Services, Office of the Gen. Counsel, Region V, Chicago, IL, Mary S. Rigdon, Asst. U.S. Atty., Detroit, MI, for defendants-appellees.

Before: KEITH, NORRIS, and BATCHELDER, Circuit Judges.

BATCHELDER, Circuit Judge.

This suit was filed on May 8, 1990, by plaintiffs-appellants, the Michigan Association of Independent Clinical Laboratories ("MAIL") and four of its member laboratories, against defendants-appellees, the Secretary of Health and Human Services (the "Secretary") and the Blue Cross/Blue Shield of Michigan ("BCBS"). In its complaint, MAIL alleged that defendants violated several provisions of the Medicare Act (the "Act"). Specifically, MAIL...

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