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LUTHERAN MEDICAL CENTER v. THOMPSON

No. 03-CV-4289 (CBA).

520 F.Supp.2d 414 (2007)

LUTHERAN MEDICAL CENTER, Petitioner, v. Tommy G. THOMPSON, Secretary of Health and Human Services, and Empire Blue Cross Blue Shield, Respondents.

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

September 27, 2007.

Attorney(s) appearing for the Case

Roy W. Breitenbach, Garfunkel, Wild & Travis, P.C., Great Neck, NY, for Petitioner.

Tamara Lynn Ulrich, U.S. Department of Justice, Washington, DC, for Respondents.

MEMORANDUM & ORDER

AMON, District Judge.

Plaintiff Lutheran Medical Center ("Lutheran") has filed suit against the Secretary of Health and Human Services, and Empire Blue Cross Blue Shield, (collectively, "Defendants"). In a first cause of action, Lutheran asserts that the denial of its appeal of a reimbursement decision was arbitrary and capricious. In a second cause of action, Lutheran seeks mandamus relief, pursuant to 28 U.S.C. § 1361, requesting...

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