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GARELICK v. SULLIVAN

No. 91 Civ. 4524 (WCC).

784 F.Supp. 108 (1992)

Bertha GARELICK, Yolanda Restaino, Elena Savino, David Atkinson, Bruce Konrad and Peter T. Pickering, Plaintiffs, v. Louis W. SULLIVAN, as Secretary of the Department of Health and Human Services, and William Toby, as Administrator, Health Care Financing Administration, Region II, Defendants.

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

As Amended Nunc Pro Tunc April 24, 1992.

Attorney(s) appearing for the Case

Brown & Seymour, New York City (Whitney North Seymour, Jr., Craig A. Landy, Peter James Clines, of counsel), for plaintiffs.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City (Linda A. Riffkin, Sp. Asst. U.S. Atty., of counsel), for defendants.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

In this action for declaratory judgment and preliminary and permanent injunctive relief, plaintiffs, three hospital-based anesthesiologists and three patients enrolled in Medicare Part B, challenge the constitutionality of section 6102(a) of the Omnibus Budget Reconciliation Act of 1989, Pub.L. No. 101-239, 103 Stat. 2106 (codified at 42 U.S.C. § 1395w-4(g)) ("OBRA-89"). This provision sets limits...

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