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ERRINGER v. THOMPSON

No. 03-16408.

371 F.3d 625 (2004)

Christopher T. ERRINGER; Lawrence Corcoran; Ethel W. Vestal, by her husband and next friend, William A. Vestal; Valerie Lavaque, James Robertson, and Lillian Legier, on behalf of themselves and a class of persons similarly situated, Plaintiffs-Appellants, v. Tommy THOMPSON, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2004.

Attorney(s) appearing for the Case

Sally Hart, Arizona Center for Disability Law, Tucson, AZ, for the plaintiffs-appellants.

Ori Lev, Civil Division, Department of Justice, Washington, DC, for the defendant-appellee.

Before: O'SCANNLAIN, SILER, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge.

A class of Medicare beneficiaries ("the Beneficiaries"), whose claims for coverage of their health care services were denied based on Local Coverage Determinations ("LCDs"),1 challenge rules issued by the Secretary of Health and Human Services (the "Secretary") which give criteria to contractors for adopting LCDs. The Beneficiaries contend that the criteria governing the LCDs are substantive rules required...

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