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WARDER v. SHALALA

No. 97-2047.

149 F.3d 73 (1998)

Ann WARDER, et al., Plaintiffs, Appellees, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, and Nancy Ann Min DeParle, Administrator of the Health Care Financing Administration, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 27, 1998.

Attorney(s) appearing for the Case

Clifford M. Pierce, Assistant Regional Counsel, Department of Health and Human Services, with whom Frank W. Hunger, Assistant Attorney General, Department of Justice, Harriet S. Rabb, General Counsel, and Nancy S. Nemon, Chief Counsel, Region I, Department of Health and Human Services, were on brief for appellants.

James P. Kelly with whom Patrick M. Connolly, Kelly Law Firm, Craig E. Stewart, Anne Robbins and Palmer & Dodge LLP were on brief for appellees.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

CAMPBELL, Senior Circuit Judge.

This appeal relates to the classification, for Medicare Part B reimbursement purposes, of medical equipment made for persons suffering from severe musculoskeletal problems. Produced by Appellees OrthoConcepts and used by Appellee Warder, the equipment consists of braces, fitted to the individual patient, on a wheeled base. The district court upheld OrthoConcepts' challenge to an administrative ruling ("the Ruling" or "HCFAR 96-1") from...

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