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MT. SINAI HOSPITAL OF GREATER MIAMI, INC. v. WEINBERGER

No. 74-2154.

522 F.2d 179 (1975)

MOUNT SINAI HOSPITAL OF GREATER MIAMI, INC., Plaintiff-Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, and Blue Cross of Florida, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 3, 1975.

Attorney(s) appearing for the Case

Robert W. Rust., U. S. Atty., Robert N. Reynolds, Asst. U. S. Atty., Miami, Fla., David Cohen, App. Section, Civ. Div., Dept. of Justice, Washington, D. C., for defendants-appellants.

Kelly, Black, Black & Kenny, P. A., Miami, Fla., for Blue Cross.

Burton A. Schwalb, Washington, D. C., Lewis I. Horwitz, Miami Beach, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and CLARK, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion 8-8, 1975, 5 Cir., 1975, 517 F.2d 329).

PER CURIAM:

The petition for rehearing and for rehearing en banc correctly points out that our original opinion was not consistent in its references to whether the beneficiary would be liable to a provider hospital if HEW made a determination that the services were not covered and then recouped from the...

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