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ROTHMAN v. HOSPITAL SERVICE OF SOUTHERN CALIFORNIA

No. 72-2232.

510 F.2d 956 (1975)

Don ROTHMAN, as receiver of Highlander, Inc., a corporation dba Highlander Sanitarium, Debtor in Proceedings under Chapter XI, Plaintiff-Appellant, v. HOSPITAL SERVICE OF SOUTHERN CALIFORNIA dba Blue Cross of Southern California and Secretary of Health, Education and Welfare, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 3, 1975.

Attorney(s) appearing for the Case

Robert G. Leff (argued), Beverly Hills, Cal., for plaintiff-appellant.

Barbara L. Herwig (argued), Washington, D.C., for defendants-appellees.

Before BROWNING and GOODWIN, Circuit Judges, and KING, District Judge.

OPINION

SAMUEL P. KING, District Judge:

Plaintiff-appellant made a claim to reimbursements for the cost of services provided between January 1, 1967, and January 31, 1968, under the Medicare provisions of the Social Security Act, 42 U.S.C. § 1395 et seq. (hereinafter referred to as the Medicare Act). On April 12, 1972, the district court dismissed the case for the second time,1 finding no jurisdiction to review the administrative...

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