K & A RADIOLOGIC TECHNOLOGY SERVICES, INC. v. WING

No. 96-CV-62 FJS GJD.

13 F.Supp.2d 264 (1998)

K & A RADIOLOGIC TECHNOLOGY SERVICES, INC. and Diagnostic X-Ray Services, Inc., Plaintiffs, v. Brian J. WING, individually and as Acting Commissioner of Social Services of the State of New York, Defendant.

United States District Court, N.D. New York.

April 1, 1998.


Attorney(s) appearing for the Case

MacKenzie Smith Lewis, Michell & Hughes, LLP, Peter D. Carmen, of counsel, Syracuse, NY, for Plaintiffs.

Dennis C. Vacco, Attorney General of the State of New York, Albany, NY, Karen Marcoux Mankes, Assistant Attorney General, of counsel, for Defendant.


MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

This action was brought pursuant to 42 U.S.C. § 1983 seeking to remedy a deprivation of the Plaintiffs' right to receive payments under the Medicaid Act, 42 U.S.C. § 1396a(a)(10) and (a)(37), and the Medicare Act, 42 U.S.C. § 1395ccc(a)(2)(A), for services rendered to Medicaid and Medicare recipients. The Plaintiffs, K & A Radiologic Technology Services, Inc...

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