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CONNECTICUT HOSP. ASS'N v. WEICKER

Nos. 608, 609, Dockets 94-6112, 94-6150.

46 F.3d 211 (1995)

CONNECTICUT HOSPITAL ASSOCIATION, William W. Backus Hospital, Bradley Memorial Hospital & Health Care Center, Bridgeport Hospital, Bristol Hospital, Danbury Hospital, Day Kimball Hospital, Greenwich Hospital Association, Griffin Hospital, Hartford Hospital, Charlotte Hungerford Hospital, Johnson Memorial Hospital, Lawrence & Memorial Hospital, Manchester Memorial Hospital, Milford Hospital, Mount Sinai Hospital, New Britain General Hospital, New Milford Hospital, Norwalk Hospital, Park City Hospital, Rockville General Hospital, Saint Francis Hospital & Medical Center, St. Joseph's Medical Center, St. Mary's Hospital, Hospital of St. Raphael, St. Vincent's Medical Center, Sharon Hospital, Stamford Hospital, The Waterbury Hospital, Winsted Memorial Hospital, World War II Veterans Memorial Hospital, Yale-New Haven Hospital, Plaintiffs-Appellees, v. Lowell P. WEICKER, Jr., Governor of the State of Connecticut, Audrey Rowe, Commissioner of the Department of Social Services of the State of Connecticut, Donna Shalala, Secretary of the Department of Health & Human Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 30, 1995.

Attorney(s) appearing for the Case

Mark R. Kravitz, New Haven, CT (Alan G. Schwartz, Maureen Weaver, Wiggen & Dana, New Haven, CT, of counsel), for plaintiffs-appellees.

Arnold I. Menchel, Asst. Atty. Gen. (Richard Blumenthal, Atty. Gen., Richard J. Lynch, Asst. Atty. Gen., Phyllis E. Hyman, Asst. Atty. Gen., Hartford, CT, of counsel), for defendants-appellants Lowell P. Weicker, Jr. & Audrey Rowe.

Matthew M. Collette, Atty., Appellate Staff, Civil Div., U.S. Dept. of Justice (Frank W. Hunger, Asst. Atty. Gen., Christopher F. Droney, U.S. Atty., Anthony J. Steinmeyer, Atty. Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, DC, of counsel), for defendant-appellant Donna E. Shalala.

Before: PRATT, ALTIMARI, and JACOBS, Circuit Judges.

JACOBS, Circuit Judge:

Plaintiffs Connecticut Hospital Association and 33 of its member hospitals, all acute care facilities (collectively "the hospitals"), allege that Connecticut's program for reimbursement of Medicaid hospital charges violates a provision in the Medicaid Act (the "Act"), and thereby short-charges them. The United States District Court for the District of Connecticut (Eginton, J.) bifurcated the proceedings, hearing first the hospitals' allegation...

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