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ISAACS v. BOWEN

No. 87 Civ. 6979 (WK).

683 F.Supp. 930 (1988)

George H. ISAACS, Frank Pavano, James Agalloco and Abraham Frosch, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs, v. Otis R. BOWEN, as Secretary of the Department of Health and Human Services, and William L. Roper, as Administrator of Health Care Financing Administration, Defendants.

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

On Motion for Reargument March 17, 1988.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., Brown & Seymour, New York City, for plaintiffs.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Chad A. Vignola, Sp. Asst. U.S. Atty., Civ. Div., for defendants.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This action challenges policies adopted by the defendants in the wake of Congress' recent amendment of the appeal procedures available to dissatisfied Medicare claimants. See Omnibus Budget Reconciliation Act of 1986, Pub.L. 99-509, § 9341, 100 Stat. 2037 (1986), amending Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (the "Medicare Act"). Specifically at...

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