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HENNEPIN COUNTY v. BOWEN

Civ. A. No. 87-0366.

689 F.Supp. 1 (1988)

HENNEPIN COUNTY and Hennepin County Medical Center, Plaintiffs, v. Otis R. BOWEN, M.D., Defendant.

United States District Court, District of Columbia.

On Motion For Reconsideration and Clarification June 1, 1988.

Attorney(s) appearing for the Case

H. Guy Collier, Amy E. Hancock, McDermott, Will & Emery, Washington, D.C., James M. Gaynor, Jr., McDermott, Will & Emery, Chicago, Ill., for plaintiffs.

Stuart I. Silverman, Office of Gen. Counsel, Dept. of Health and Human Serv., Washington, D.C., for defendant.

MEMORANDUM OPINION

THOMAS F. HOGAN, District Judge.

Plaintiffs bring suit under Part A of Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq, ("the Act"), commonly known as the Medicare statute. In Count I of the complaint, plaintiffs allege that defendant unlawfully denied an exception to plaintiffs' cost limits. In Count II of the complaint, plaintiffs maintain that defendant unlawfully denied them a retroactive cost adjustment...

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