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FURLONG v. SHALALA

Docket No. 97-6220.

156 F.3d 384 (1998)

Monica FURLONG, Lawrence Schwartz, Robert Sloan and Kenneth Y. Sunew, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Donna E. SHALALA, in her capacity as Secretary of the Department of Health & Human Services; Bruce C. Vladeck, in his capacity as Administrator of the Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 23, 1998.

Attorney(s) appearing for the Case

Peter J. Clines, New York City (Whitney North Seymour, Jr., Craig A. Landy, Landy & Seymour, New York City), for Plaintiffs-Appellants.

Neil M. Corwin, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney, Steven M. Haber, Assistant United States Attorney, Southern District of New York, New York City), for Defendants-Appellees.

Before: CARDAMONE, JACOBS, Circuit Judges, and SWEET, District Judge

CARDAMONE, Circuit Judge:

Plaintiffs are four anesthesiologists who work in New York City hospitals. Two of them appeal from an order of the United States District Court for the Southern District of New York, entered before Judge Loretta J. Preska on July 8, 1997, which granted summary judgment in favor of defendants, dismissing their causes of action. Defendants are Donna E. Shalala, Secretary of the Department of Health and Human Services (Secretary) and Bruce C...

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