Legal Opinion

Schupak v. Califano

District Court, E.D. New York

Decided April 11, 1978No. 78 C 231PublishedCited by 19 opinions

1Opinion of the Court

Memorandum of Decision and Order

MISHLER, Chief Judge.

Plaintiff is the sole proprietor of Queens Artificial Kidney Center (“Queens”), a medical facility which provides maintenance dialysis to outpatients who suffer from chronic renal disease. This service is reimbursable under Part B of the Health Insurance for the Aged Act, commonly known as the Medicare program. 42 U.S.C. §§ 1395 et seq. Plaintiff seeks a preliminary injunction enjoining the Secretary of Health, Education and Welfare (the “Secretary”) from (i) considering cost information in determining plaintiff’s rate of reimbursement;…

2Cases cited15 opinions

  1. Califano v. SandersSupreme Court of the United States · 1977
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
  4. Galpin v. PageSupreme Court of the United States · 1874
  5. Stoner v. New York Life InsuranceSupreme Court of the United States · 1941

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3Cited by19 opinions

  1. Ulster Savings Bank v. Kizelnik (In Re Kizelnik)United States Bankruptcy Court, S.D. New York · 1995
  2. Matter of Barney Schogel, Inc.United States Bankruptcy Court, S.D. New York · 1981
  3. L.I. Head Start Child Development Services, Inc. v. Economic Opportunity Commission of Nassau County, Inc.District Court, E.D. New York · 2008
  4. 25 Collier bankr.cas.2d 1393, Bankr. L. Rep. P 74,350 in Re Pch Associates, Formerly Known as Simon Associates, Debtor. Liona Corporation, Inc. v. Pch Associates, Formerly Known as Simon Associates, Westinghouse Electric Corporation, Nico Construction Company, Inc., Pch Associates, Formerly Known as Simon AssociatesCourt of Appeals for the Second Circuit · 1991
  5. Smith v. United StatesDistrict of Columbia Court of Appeals · 1979

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