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KINGSTON HOSP. v. SEBELIUS

No. 1:09-cv-1303 (GLS/RFT).

828 F.Supp.2d 473 (2011)

KINGSTON HOSPITAL and Benedictine Hospital, Plaintiffs, v. Kathleen SEBELIUS, in her official capacity as Secretary of Health and Human Services and National Government Services Blue Cross/Blue Shield Association, Defendants.

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

December 8, 2011.

Attorney(s) appearing for the Case

Garfunkel, Wild Law Firm, of Counsel Courtney A. Rogers, Esq., Roy W. Breitenbach, Esq., Great Neck Office, Great Neck, NY, for the Plaintiffs.

U.S. Dept. of Health and Human Services, of Counsel Jonathan C. Brumer, Esq., Office of the General Counsel-CMS, Washington, DC, Richard S. Hartunian, of Counsel Diane Cagino, Wilham F. Larkin, Assistant United States Attorneys, Office of United States Attorney, Albany, NY, for the Defendants.

MEMORANDUM — DECISION AND ORDER

GARY L. SHARPE, District Judge.

I. Introduction

Plaintiffs Kingston and Benedictine Hospitals commenced this action against defendants Kathleen Sebelius, in her official capacity as Secretary of Health and Human Services ("Secretary"), and National Government Services Blue Cross/Blue Shield Association ("NGS"), pursuant to 42 U.S.C. § 1395oo, seeking judicial review...

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