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COLONIAL PENN INS. CO. v. HECKLER

No. 83-1385.

721 F.2d 431 (1983)

COLONIAL PENN INSURANCE COMPANY, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 16, 1983.

As Amended November 28, 1983.

Rehearing Denied December 8, 1983.

Attorney(s) appearing for the Case

Harvey Bartle, III (argued), Jeffrey G. Weil, Sarah Wiggins Mitchell, Dechert Price & Rhoads, Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Virginia Powel, Asst. U.S. Atty., E.D. Pa., Diane C. Moskal, Regional Atty., James C. Newman (argued), Asst. Regional Atty., James S. Feight, Jr., Asst. Regional Atty., Philadelphia, Pa., for appellee.

Before WEIS, HIGGINBOTHAM, and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Congress amended the Medicare Act to provide that benefits would not be available when an individual's medical expenses could be paid under an automobile insurance policy. Because of unforeseen losses that would be caused by this change, the plaintiff insurance company sought an injunction and declaratory relief against application of regulations implementing the statute. The district court held that it did not have...

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