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ALBANY GENERAL HOSP. v. HECKLER

Civ. No. 83-851-FR.

584 F.Supp. 614 (1984)

ALBANY GENERAL HOSPITAL, Ashland Community Hospital, Bay Area Hospital, Douglas Community Hospital, Eastmoreland General Hospital, Forest Glen Hospital, Good Samaritan Hospital, Grand Ronde Hospital, Holladay Park Hospital, Lebanon Community Hospital, Merle West Medical Center, Newberg Community Hospital, Providence Hospital, Rogue Valley Memorial Hospital, Sacred Heart General Hospital, St. Vincent Hospital, Salem Hospitals, The Dalles General Hospital, Western Lane Hospital, Plaintiffs, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, D. Oregon.

March 2, 1984.

Attorney(s) appearing for the Case

Thomas E. McDermott, Thomas A. Balmer, Lindsay, Hart, Neil & Weigler, Portland, Or., for plaintiffs.

Charles H. Turner, U.S. Atty., Jack G. Collins, Chief, Civil Div., Portland, Or., Jeanne Schulte Scott, Washington, D.C., for defendant.

OPINION AND ORDER

FRYE, Judge:

Plaintiffs, various community hospitals throughout the State of Oregon, seek a declaration by way of a motion for summary judgment that the "Malpractice Rule," 42 C.F.R. 405.452(b)(1)(ii) is invalid on the following grounds:

a) it was promulgated in violation of the Administrative Procedure Act (APA) 5 U.S.C. § 553; and

b) it is arbitrary, capricious, an abuse...

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