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STARNES v. SCHWEIKER

No. 82-1543.

715 F.2d 134 (1983)

Eula B. STARNES, Johnnie Kaye Lloyd, Nettie E. Clarkson, Jayne E. Dunlap, individually and on behalf of others similarly situated; Julian Adams, M.D., Fred H. Allen, Jr., M.D., William H. Stuart, M.D., Rhett O. Talbert, M.D., Atlanta Neurological Clinic, P.C., C.T. Scanlab and Trident Neuroimaging Laboratory, individually and on behalf of others similarly situated, Appellees, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant, and Prudential Insurance Company of America and Blue Cross and Blue Shield of South Carolina, Inc., individually and on behalf of others similarly situated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1983.

Attorney(s) appearing for the Case

Leslie L. Clune, Dept. of Health & Human Services, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Henry Dargan McMaster, U.S. Atty., Columbia, S.C., Juan A. del Real, Gen. Counsel, Lynne K. Zusman, Deputy Gen. Counsel, Litigation, Washington, D.C., on brief), for appellant.

John H. Parker, Jr., Atlanta, Ga. (J. Marbury Rainer, Parker, Hudson & Rainer, Atlanta, Ga., Alexander M. Sanders, Jr., Sanders & Quackenbush, Columbia, S.C., on brief), for appellees.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and MERHIGE, District Judge.

HARRISON L. WINTER, Chief Judge:

We granted leave to take this interlocutory appeal to settle the question of whether the district court had jurisdiction to decide procedural, substantive and constitutional challenges to benefit levels set by the Secretary of Health and Human Services to guide private insurance carrier benefit determinations under Part B of the Medicare statute. The district court ruled that it had jurisdiction. It exercised its jurisdiction, however...

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