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STEPHENSON v. SHALALA

No. 95-15729.

87 F.3d 350 (1996)

Harold L. STEPHENSON; Marie Lohse; Joseph Ventimiglia; and Dorothy Petrowicz, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1996.

Attorney(s) appearing for the Case

Carol S. Jimenez, Center for Health Care Rights, Los Angeles, California, for plaintiffs-appellants.

Lois B. Osler, United States Department of Justice, Washington, D.C., for defendant-appellee.

Before HALL and BRUNETTI, Circuit Judges, and WEINER, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

We must decide whether the Medicare Act, in sections found at 42 U.S.C. §§ 1395cc(a)(2)(A), 1395u(b)(3), 1395x(v)(1)(K), compels the Secretary of Health and Human Services to impose a cap on hospital outpatient charges. We conclude that it does not, and affirm the order of the district court.

I

The appellants are a certified class of Medicare beneficiaries. They brought this action alleging that the...

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