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GOOD SAMARITAN HOSP. REGIONAL MED. v. SHALALA

No. 1157, Docket 95-6224.

85 F.3d 1057 (1996)

GOOD SAMARITAN HOSPITAL REGIONAL MEDICAL CENTER, Long Island College Hospital, and Northern Westchester Hospital Center, Plaintiffs-Appellants, v. Donna E. SHALALA, in her official capacity as Secretary of Health and Human Services, and Empire Blue Cross Blue Shield, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Fredrick I. Miller, Garfunkel, Wild & Travis, P.C., Great Neck, New York (David E. Steckler, Linda C. Fentiman, Jordy Rabinowitz, of counsel), for Plaintiffs-Appellants.

Martin Siegel, New York City (Mary Jo White, United States Attorney, Southern District of New York, Steven M. Haber, of counsel), Defendants-Appellees.

Before: CARDAMONE, WALKER, and McLAUGHLIN, Circuit Judges.

WALKER, Circuit Judge:

The plaintiffs, three New York not-for-profit hospitals, appeal from an August 4, 1995 judgment of the United States District Court for the Southern District of New York (William C. Conner, District Judge), reported at 894 F.Supp. 683 (S.D.N.Y.1995), granting summary judgment to defendants Donna Shalala, in her official capacity as Secretary of the Department of Health and Human Services (the "Secretary...

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