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MICH. AC. OF FAM. PHY. v. B.C. & B.S. OF MICH.

No. 81-1202.

757 F.2d 91 (1985)

MICHIGAN ACADEMY OF FAMILY PHYSICIANS, et al., Plaintiffs-Appellees, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN and Richard S. Schweiker, Secretary of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 19, 1985.

Attorney(s) appearing for the Case

Michele Coleman Mayes, Asst. U.S. Atty., Leonard R. Gilman, U.S. Atty., Detroit, Mich., Thomas Stuber, argued, Dept. of Health & Human Services, Baltimore, Md., for defendants-appellants.

Alan Gilchrist, argued, Frimet, Bellamy & Gilchrist, Detroit, Mich., for plaintiffs-appellees.

Steven B. Epstein, Stuart M. Gerson, Washington, D.C., for amicus curiae American Soc. of Internal Medicine.

Before JONES, Circuit Judge, PECK and BROWN, Senior Circuit Judges.

ORDER

I. Prior Decision and Present Posture of the Case.

In our initial opinion herein, 728 F.2d 326 (6th Cir.), vacated and remanded, ___ U.S. ___, 105 S.Ct. 65, 83 L.Ed.2d 16 (1984), we held that a regulation promulgated by the Secretary of Health and Human Services ("Secretary"), 42 C.F.R. § 405.504, violated the language of the Medicare Act as set forth at 42 U...

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