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SCHUPAK v. CALIFANO

No. 78 C 231.

454 F.Supp. 105 (1978)

Eugene I. SCHUPAK, M.D., d/b/a Queens Artificial Kidney Center, Plaintiff, v. Joseph A. CALIFANO, Jr., as Secretary of Health, Education and Welfare, Defendant.

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

April 11, 1978.

Attorney(s) appearing for the Case

Rosenman, Colin, Freund, Lewis & Cohen, New York City, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., for plaintiff; Leonard H. Rubin, New York City, of counsel.

David G. Trager, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., for defendant; Jan F. Constantine, Asst. U. S. Atty., Brooklyn, N. Y., James C. Pyles, Dept. of HEW, Baltimore, Md., of counsel.

Memorandum of Decision and Order

MISHLER, Chief Judge.

Plaintiff is the sole proprietor of Queens Artificial Kidney Center ("Queens"), a medical facility which provides maintenance dialysis to outpatients who suffer from chronic renal disease. This service is reimbursable under Part B of the Health Insurance for the Aged Act, commonly known as the Medicare program. 42 U.S.C. §§ 1395 et seq. Plaintiff seeks a preliminary injunction enjoining...

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