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KINGSBROOK JEWISH MEDICAL CENTER v. RICHARDSON

No. 72-C-1545.

355 F.Supp. 965 (1973)

KINGSBROOK JEWISH MEDICAL CENTER, Plaintiff, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, and Associated Hospital Service of New York (Blue Cross), Defendants.

United States District Court, E. D. New York.

March 1, 1973.

Attorney(s) appearing for the Case

Malcolm A. Hoffmann, New York City, for plaintiff; John M. Bray, Washington, D. C., of counsel.

Robert A. Morse, U. S. Atty. by Thomas A. Illmensee, Asst. U. S. Atty., Brooklyn, N. Y., for defendants; Jerome T. Levy, Deputy Regional Atty., N. Y. Region H.E.W., of counsel.

DECISION

TRAVIA, District Judge.

Plaintiff moves this court for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting it summary judgment on all the claims set forth in the complaint. Defendants respond by cross-moving for an order dismissing the complaint, pursuant to Rule 12(b)(1) and (6), or in the alternative, for an order granting them summary judgment, pursuant to Rule 56.

Kingsbrook Jewish Medical Center, (hereinafter...

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