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BEDFORD COUNTY GENERAL HOSP. v. HECKLER

Civ. Nos. 3-83-337, 3-83-665, 3-83-534.

574 F.Supp. 943 (1983)

BEDFORD COUNTY GENERAL HOSPITAL, et al., Benton County General Hospital, et al., Clarksville Memorial Hospital, et al. v. Margaret M. HECKLER, Secretary of Health and Human Services, et al.

United States District Court, E.D. Tennessee, N.D.

November 9, 1983.

Attorney(s) appearing for the Case

Dale C. Allen, Lockridge & Becker, P.C., Michael J. Tichon, David S. Neiger, Weissburg & Aronson, Inc., Max Shelton, Los Angeles, Cal., Richard Lee Brown, Tennessee Hosp. Ass'n, Nashville, Tenn., for plaintiffs.

J. Michael Haynes, Jr., Asst. U.S. Atty., Knoxville, Tenn., James C. Thomason, III, Asst. U.S. Atty., Nashville, Tenn., Lawrence Laurenzi, Asst. U.S. Atty., Memphis, Tenn., Juan A. Del Real, Gen. Counsel, Ann T. Hunsaker, Asst. Gen. Counsel, Washington, D.C., Henry Eigles, Health Care Financing & Human Development Services Div., H & HS Dept., Baltimore, Md., for defendants.

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

This is an action under Title XVIII of the Social Security Act, 42 U.S.C. § 1395, et. seq. (the Medicare Act) challenging the validity of 42 C.F.R. § 405.310(j), a regulation promulgated by the Secretary (Secretary) of the Department of Health and Human Services (HHS) pursuant to the Medicare Act. The Medicare Act establishes a federally subsidized system of health insurance for the aged and disabled...

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