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UNIV. MEDICINE & DENTISTRY, NJ v. CORRIGAN

No. 03-1268.

347 F.3d 57 (2003)

THE UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY; the Cooper Health System; University Physician Associates of New Jersey, Inc. v. Dana CORRIGAN, Acting Inspector General, United States Department of Health and Human Services The University of Medicine and Dentistry of New Jersey; The Cooper Health System; University Physician Associates of New Jersey, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Filed October 17, 2003.

Attorney(s) appearing for the Case

Hervé Gouraige, (Argued), Epstein, Becker & Green, Newark, Gary J. Lesneski, Archer & Greiner, Haddonfield, for Appellants, The University of Medicine and Dentistry of New Jersey and The Cooper Health System.

Kevin McNulty, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, for Appellant, University Physician Associates of New Jersey, Inc.

Douglas Hallward-Driemeier, (Argued), Michael S. Raab, United States Department of Justice Civil Division, Appellate Staff, Washington, Susan C. Cassell, Office of United States Attorney, Newark, for Appellee.

Before SCIRICA, Chief Judge, AMBRO and WEIS, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

This is an action seeking an injunction against a planned Medicare audit of New Jersey teaching hospitals by the inspector general of the Department of Health and Human Services. The District Court held that it did not have standing to consider plaintiffs' claims under the Administrative Procedures Act, 5 U.S.C. § 704, and that plaintiffs failed to state a due...

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