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DIALYSIS CENTERS, LTD. v. SCHWEIKER

No. 80-2368.

657 F.2d 135 (1981)

DIALYSIS CENTERS, LTD., Plaintiff-Appellant, v. Richard S. SCHWEIKER, Sec'y of the U. S. Department of Health and Human Services, and The United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1981.

Attorney(s) appearing for the Case

Michael H. King, Robert J. Pristave, Linda A. Malone, Chicago, Ill., for plaintiff-appellant.

Robert B. Breisblatt, Asst. U. S. Atty., Chicago, Ill., for defendants-appellees.

Before CUMMINGS, Chief Judge, BAUER, Circuit Judge, and HOFFMAN, Senior District Judge.

CUMMINGS, Chief Judge.

Plaintiff Dialysis Centers, Ltd., an Illinois corporation, operates four kidney dialysis facilities in the Chicago area for the treatment of patients with end-stage renal disease and is an approved supplier of such treatment under the Medicare Act's End-Stage Renal Disease Program. On April 8, 1980, plaintiff brought this action for declaratory and injunctive relief against the Secretary and Department of Health and Human Services (HHS), alleging...

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