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CEDARS-SINAI MEDICAL CENTER v. WATKINS

No. 92-1410.

11 F.3d 1573 (1993)

CEDARS-SINAI MEDICAL CENTER, Warren S. Grundfest, M.D., James S. Forrester, M.D., and Frank Litvack, M.D., Plaintiffs-Appellants, v. James D. WATKINS, Secretary, United States Department of Energy, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 13, 1993.

Attorney(s) appearing for the Case

Coe A. Bloomberg, Lyon & Lyon, of Los Angeles, CA, argued for plaintiffs-appellants. With him on the brief, was David A. Randall.

William C. Bergmann, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued, for defendant-appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and Vito J. DePietro, Director. Also on the brief, was Thomas J. Byrnes, Asst. Director, Dept. of Justice, of counsel.

Before ARCHER, MICHEL and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

Cedars-Sinai Medical Center, a non-profit corporation, and Drs. Grundfest, Forrester, and Litvack, all of whom are employed at the Medical Center (collectively Cedars), appeal from the May 19, 1992 order of the United States District Court for the Central District of California1 dismissing Cedars' cause of action without prejudice for lack of subject matter jurisdiction on ripeness grounds. After concluding that...

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