WALSH v. McGEE

No. 89 Civ. 1310 (DNE).

899 F.Supp. 1232 (1995)

Helena WALSH (as representative of Sister Mary Hogan, deceased), Margaret Toscano, Albert Hays, Charles Becker, Virginia Congro, Serafino Giannola, Julia Gold (as representative of Morris Gold, deceased), Michael Granelli, Mary O'Connor, Charles Pascarella (as representative of Margaret Pascarella), James Saccardi, and Richard Janik, Plaintiffs, v. John McGEE, William C. Woodson, Louis Sullivan, William Toby, and Empire Blue Cross and Blue Shield, Defendants.

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

October 11, 1995.


Attorney(s) appearing for the Case

Whitney North Seymour, Jr., Brown & Seymour, New York City, for Helena Walsh, Margaret Toscano, Albert Hays.

Nancy L. Savitt, Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, for William Toby, Otis R. Bowen, Louis Sullivan, Empire Blue Cross, William C. Woodson, John McGee, Empire Blue Cross & Blue Shield.


OPINION & ORDER

EDELSTEIN, District Judge:

This case arises under the Medicare Act, ("Medicare" or "the Act"), Title XVIII of the Social Security Act, 42 U.S.C.S. §§ 1395-1395ccc. Plaintiffs, Medicare Part B claimants, allege that defendants, Medicare Part B administrators, wrongly underpaid plaintiffs' Medicare claims, mishandled plaintiffs' appeals of these claims, and, consequently, violated plaintiffs' procedural due process rights...

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