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AMERICAN HOSP. ASS'N v. HECKLER

Nos. 83 Civ. 2638(CLB), 84 Civ. 1724(CLB).

585 F.Supp. 541 (1984)

AMERICAN HOSPITAL ASSOCIATION, etc., Hospital Association of New York State, etc. and Strong Memorial Hospital of the University of Rochester, Plaintiffs, v. Margaret M. HECKLER, Secretary, U.S. Department of Health and Human Services, Defendant. AMERICAN MEDICAL ASSOCIATION, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary, U.S. Department of Health and Human Services, Defendant.

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

On Motions for Summary Judgment May 23, 1984.

Attorney(s) appearing for the Case

Jeffrey H. Becker, New York City, Stuart M. Gerson of Epstein, Becker, Borsody & Green, Washington, D.C., for plaintiff, American Hosp. Ass'n.

Steven Bierman, New York City, Benjamin Heinman, Vincent Prada of Sidley & Austin, Washington, D.C., for plaintiff, American Medical Ass'n.

Janis Farrell, Asst. U.S. Atty., S.D.N.Y., New York City, Noel Dennis, U.S. Dept. of Health and Human Services, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Certain motions are presently pending before this Court for decision. See transcripts of hearings held March 23, 1984 and April 9, 1984. Cited by the parties is the recent opinion of our Court of Appeals in United States v. University Hospital, 729 F.2d 144 (2d Cir.1984), with respect to which there remains pending and undecided a motion by plaintiff-appellant for a rehearing...

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