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ABBOTT RADIOLOGY ASSOCIATES v. SULLIVAN

No. 89-CV-1356S.

801 F.Supp. 1012 (1992)

ABBOTT RADIOLOGY ASSOCIATES, et al., Plaintiffs, v. Louis SULLIVAN, as Secretary of the Department of Health and Human Services, and the Department of Health and Human Services, Defendants.

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

July 24, 1992.

Attorney(s) appearing for the Case

Robert J. Lane, Jr., Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N.Y., for plaintiffs.

Dennis C. Vacco, U.S. Atty. by Stephen J. Baczynski, Asst. U.S. Atty., Buffalo, N.Y., Joel Tornari, Dept. of Health and Human Services, Baltimore, Md., for defendants.

DECISION AND ORDER

SKRETNY, District Judge.

Plaintiffs are twenty-eight physicians or groups of physicians specializing in radiology and providing "radiologist services" within the meaning of 42 U.S.C. § 1395m(b)(6). (Am.Complaint, ¶ 1). They commenced this action to challenge the amounts they were receiving or were permitted to charge their patients under the Medicare statute for radiologist services. These amounts were set by a fees schedule...

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