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ANCILLARY AFFILIATED HEALTH SERVICES, INC. v. SHALALA

No. 97-C-1205.

994 F.Supp. 1006 (1998)

ANCILLARY AFFILIATED HEALTH SERVICES, INC., a Wisconsin business corporation, Plaintiff, v. Donna E. SHALALA, Secretary Department of Health and Human Services, a Department of the United States Government, Defendant.

United States District Court, E.D. Wisconsin.

January 15, 1998.

Attorney(s) appearing for the Case

Mark D. Olson & Associates, Chicago, IL, for Plaintiff.

Matthew V. Richmond, Asst. U.S. Atty., Milwaukee, WI, for Defendant.

DECISION AND ORDER

CURRAN, District Judge.

On December 1, 1997, Magistrate Judge Goodstein issued a report recommending that this action be dismissed for lack of subject matter jurisdiction. After hearing oral argument, the Magistrate Judge found that Plaintiff Ancillary Affiliated Health Services, Inc.'s claims arise under the federal Medicare Act, 42 U.S.C. §§ 1395cc(h)(1) & 1395ii and that, contrary to the Medicare Act's statutory...

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