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MARTIN v. SHALALA

No. 94-2844.

63 F.3d 497 (1995)

Lois MARTIN, on behalf of herself and all others similarly situated and Alan R. Kohlhaas, M.D., on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. Donna E. SHALALA, in her capacity as Secretary of the Department of Health and Human Services and Associated Insurance Companies Incorporated, doing business as Blue Cross and Blue Shield of Indiana, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 1995.

Attorney(s) appearing for the Case

Rodney V. Taylor, Christopher & Taylor, Indianapolis, IN, and Richard S. Pitts, Sydney L. Steele, and Scott R. Alexander (argued), Lowe, Gray, Steele & Hoffman, Indianapolis, IN, for plaintiffs-appellants.

Sue Hendricks Bailey, Asst. U.S. Atty., Office of the U.S. Atty., Indianapolis, IN, Alvin N. Jaffe (argued), Dept. of Health and Human Services, Region V, Office of the Gen. Counsel, Chicago, IL, Thomas G. Stayton, Ellen E. Boshkoff, Baker & Daniels, Indianapolis, IN, and Carol Clendening, Adminastar, Inc., Indianapolis, IN, for defendants-appellees.

Before POSNER, Chief Judge, BAUER and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Plaintiffs-appellants Lois Martin, a Medicare beneficiary, and Dr. Alan Kohlhaas, a physician who receives assignments of Medicare payments for his services to Medicare beneficiaries, brought suit against the Secretary of Health and Human Services ("Secretary") and Associated Insurance Companies (d/b/a Blue Cross Blue Shield) ("Associated"), the insurance carrier designated to administer benefits under Medicare's Part B program in the State...

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