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5124 DRUG CORP. v. HUMAN RESOURCES ADMIN., ETC.

No. 82 Civ. 1448 (RLC).

539 F.Supp. 1113 (1982)

5124 DRUG CORP. and Lowitt Labs, Inc. and Plaintiffs No. 1 et al. Listed as Parties Plaintiff on Schedule A Annexed Hereto, Plaintiffs, v. HUMAN RESOURCES ADMINISTRATION OF the CITY OF NEW YORK, James A. Krauskopf, Individually, and as Administrator/Commissioner of the City of New York, Angel A. Gonzalez, Individually and as Assistant Deputy Administrator of the Human Resources Administration of the City of New York, and Barbara Blum, Individually and as Commissioner of the Department of Social Services of the State of New York, Defendants.

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

May 21, 1982.

Attorney(s) appearing for the Case

Rosenbaum, Wise, Lerman, Katz & Weiss, New York City, for plaintiffs; Marvin S. Lerman, New York City, of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, Henry M. Adler and Charles Palella, Asst. Corp. Counsel, Robert Abrams, Atty. Gen. of the State of N.Y., Florence Abrams, Asst. Atty. Gen., New York City, for defendants.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiffs, pharmacies participating as providers in the Medicaid program, moved by order to show cause for a preliminary injunction to preclude administrators of the Medicaid program from recovering alleged overpayments to plaintiffs. The dispute arises from the City of New York's recently initiated attempt to complete an audit of the Medicaid reimbursement program...

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