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ATTANASIO v. DIV. OF COMPLIANCE, U.S. DHHS

Civ. A. No. 86-0071-F.

728 F.Supp. 812 (1990)

Dominick ATTANASIO Jr., Plaintiff, v. DIVISION OF COMPLIANCE, OFFICE OF HEALTH MAINTENANCE ORGANIZATIONS OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, and Secretary of Health and Human Services, Defendants.

United States District Court, D. Massachusetts.

January 16, 1990.

Attorney(s) appearing for the Case

Thomas J. Oppenheimer, Springfield, Mass., for plaintiff.

Nicholas C. Theodorou, Asst. U.S. Atty., Boston, Mass., for defendants.

MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

I. INTRODUCTION

Before the Court are plaintiff's motion for partial summary judgment and defendants' motion to dismiss. In essence, plaintiff contends that certain regulations promulgated by the Secretary of Health and Human Services ("Secretary") are invalid, and that plaintiff is entitled to judgment as a matter of law. Defendants, however, aver that the Secretary acted beyond his statutory authority...

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