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PUERTO RICAN ASS'N OF PHYSICAL MED. v. U.S.

No. 07-2476.

521 F.3d 46 (2008)

PUERTO RICAN ASSOCIATION OF PHYSICAL MEDICINE AND REHABILITATION, INC.; Doctors Maria Palou, Laura Plaza and Miguel Cardona; and Patients Rosita Mendoza-Vega and John Doe, Plaintiffs, Appellants, v. UNITED STATES of America; Triple S of Puerto Rico; Centers for Medicare and Medicaid Services; United States Department of Health and Human Services, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 26, 2008.

Attorney(s) appearing for the Case

Rafael E. Silva-Almeyda with whom Silva-Almeyda Law Offices, René Arrillaga-Armendáriz and Arrillaga & Arrillaga were on brief for appellants.

Marcus H. Christ, Jr., Office of the General Counsel, Department of Health and Human Services, with whom Daniel Meron, General Counsel, Carol Bennett, Acting Associate General Counsel, Jeffrey S. Bucholtz, Acting Assistant Attorney General, Rosa E. Rodríguez-Vélez, United States Attorney, and Barbara C. Biddle, Appellate Staff, Civil Division, Department of Justice, were on brief for appellees.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and KEENAN, Senior District Judge.

BOUDIN, Chief Judge.

The Puerto Rico Association of Physical Medicine and Rehabilitation ("PRAPMR") is a group of medical doctors practicing in Puerto Rico. It, and several doctors and patients, sued to challenge a regulation restricting Medicare reimbursement for physical therapy services. The district court dismissed the case, relying on statutory provisions that preclude all actions "brought under section 1331 or 1346 of Title 28 to recover on any claim arising...

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