ABBOTT RADIOLOGY ASSOCIATES v. SHALALA

Docket No. 97-6322.

160 F.3d 137 (1998)

ABBOTT RADIOLOGY ASSOCIATES; Javaid Asgher, M.D., P.C.; Bailey Radiology, P.C.; Batavia Radiology Group, P.C.; Buffalo General X-Ray Associates; Clarence Sheridan Radiology Group, P.C.; Elmwood Radiologists, P.C.; Diagnostic Imaging Associates; Saleh A. Petouh, d/b/a Breast Screening Center of WNY, M.D., P.C.; A. Paul Greiner, M.D., P.C.; Harlem Radiology, P.C.; Lancaster Radiology; Meadowlands Imaging Group, P.C.; Millard Fillmore Hospital Radiologists, M.D., Billing Agent; Niagara Radiologists, P.C.; North Tonawanda X-ray Center, P.C.; Nuclear Medicine Associates; Olean Radiology Associates, P.C.; Alvin M. Panahon, M.D.; Radiologic Physicians Of W.N.Y., P.C.; C. Riggio, M.D.; Riggio & Tetwesky, M.D.S., P.C.; Sisters Diagnostic Imaging Associates; Southtowns Radiological Group, P.C.; Gowanda Radiologists; Lakeshore Radiologists; Hamburg Radiologists; Tremont Radiological Group, and Ultrasound Associates, Plaintiffs-Appellants, v. Donna E. SHALALA, as Secretary of the Department of Health and Human Services and Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 13, 1998.


Attorney(s) appearing for the Case

Robert J. Lane, Jr., Buffalo, NY (Ellen V. Weissman, Hodgson, Russ, Andrews, Woods, & Goodyear, LLP, Buffalo, NY, of counsel), for Plaintiffs-Appellants.

David A. Rawson, Assistant Regional Counsel, Office of the General Counsel, Department of Health and Human Services, New York City (Patrick H. NeMoyer, United States Attorney for the Western District of New York, Buffalo, NY, of counsel), for Defendants-Appellees.

BEFORE: NEWMAN, CARDAMONE and PARKER, Circuit Judges.


PER CURIAM:

Abbott Radiology Associates, et al. ("Plaintiffs"), appeal from a judgment of the United States District Court for the Western District of New York (Carol E. Heckman, Magistrate Judge) entered November 20, 1997 in accordance with a decision and order of the same day granting summary judgment in favor of Donna E. Shalala, as Secretary of the Department of Health and Human Services (the "Secretary"), and the Department of Health and Human Services...

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