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HAZELWOOD CHRONIC & CONVAL. HOSP., INC. v. CALIFANO

Civ. No. 73-210.

450 F.Supp. 1158 (1978)

HAZELWOOD CHRONIC & CONVALESCENT HOSPITAL, INC., dba Kearney Street Convalescent Center, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, the United States of America and Blue Cross of Oregon, dba Northwest Hospital Service, Defendants.

United States District Court, D. Oregon.

May 30, 1978.

Attorney(s) appearing for the Case

Arden E. Shenker, Michael J. Gentry, Tooze, Kerr, Peterson, Marshall & Shenker, Portland, Or., for plaintiff.

Sidney I. Lezak, U. S. Atty., William Borgeson, Asst. U. S. Atty., Portland, Or., for defendants.

OPINION

SOLOMON, District Judge:

Plaintiff, Hazelwood Chronic & Convalescent Hospital, Inc. (Hazelwood), a member of a Medicare reimbursement program, filed this action to challenge the constitutional and statutory validity of a regulation —20 C.F.R. § 405.415(d)(3). The regulation was promulgated by defendant Secretary of Health, Education and Welfare (the Secretary) and is enforced by the Secretary's agent, defendant Blue Cross of Oregon...

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