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FURLONG v. SHALALA

No. 00-6091.

238 F.3d 227 (2001)

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. August Term, 2000.

Decided: January 24, 2001.

Attorney(s) appearing for the Case

PETER JAMES CLINES, Landy & Seymour, New York, N Y (Whitney North Seymour, Jr., of counsel), for Appellants.

MICHAEL M. KRAUSS, Assistant United States Attorney, for Mary Jo White, United States Attorney for the Southern District of New York; (Gideon A. Schor, Assistant United States Attorney, on the brief), for Appellees.

Before: VAN GRAAFEILAND, McLAUGHLIN, KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

Robert Sloan and Kenneth Y. Sunew (collectively "plaintiffs")1 appeal from a judgment entered on February 25, 2000, in accordance with a Memorandum and Order entered on February 23, 2000 (Loretta A. Preska, Judge), denying plaintiffs' motion for "summary expedited final judgment" and granting defendants motion for summary judgment on the question of what process...

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