PAVANO v. SHALALA

Nos. 1372, 1695, Dockets 95-6378, 95-6412.

95 F.3d 147 (1996)

Giuseppa PAVANO, as representative of the Estate of Frank Pavano, and 92 other Medicare claimants listed on Schedule "1" attached hereto, individually and on behalf of all others similarly situated, Plaintiffs-Appellants-Cross-Appellees, v. Donna E. SHALALA, in her capacity as Secretary of the Department of Health and Human Services, Bruce C. Vladeck, in his capacity as Administrator of the Health Care Financing Administration, Empire Blue Cross and Blue Shield and Group Health Incorporated, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 6, 1996.


Attorney(s) appearing for the Case

Craig A. Landy, New York City (Whitney North Seymour, Jr., Peter James Clines, Landy & Seymour, New York City, of counsel), for Plaintiffs-Appellants-Cross-Appellees.

Wendy H. Schwartz, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Marla Alhadeff, Assistant United States Attorney, of counsel), for Defendants-Appellees-Cross-Appellants.

Before: MINER, McLAUGHLIN, and LEVAL, Circuit Judges.


LEVAL, Circuit Judge:

This appeal concerns a class action by Medicare beneficiaries, and their assignees, who claim they are entitled to be reimbursed for medical expenses known as "anesthesia modifiers."

The named Plaintiff-Appellant-Cross-Appellees ("Plaintiffs") include 38 Medicare beneficiaries and 16 physicians who have accepted assignment of Medicare claims from their patients. Plaintiffs appeal from an order and judgment of the United States District...

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