SZEKELY v. FLORIDA MEDICAL ASSOCIATION

No. 74-3398.

517 F.2d 345 (1975)

Gabriel SZEKELY, M.D., Plaintiff-Appellee, v. FLORIDA MEDICAL ASSOCIATION et al., Defendants, Caspar W. Weinberger, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 1975.


Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., Robert E. Kopp, David M. Cohen, Attys., Dept. of Justice, Civ. Div., App. Section, Washington, D. C., for defendant-appellant.

Michael A. Lipsky, Miami, Fla., for plaintiff-appellee.

Milton R. Adkins, Miami, Fla., for Blue Shield of Fla., Inc.

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


GODBOLD, Circuit Judge:

This is a companion case to Mount Sinai Hospital of Greater Miami, Inc. v. Weinberger, 517 F.2d 329 (CA5, 1975), decided this date. Proceeding as in that case on the theory of a common law right to recoup, the Department of Health, Education and Welfare [HEW] attempted to recoup from Dr. Gabriel Szekely approximately $14,000 allegedly paid to him for medically unnecessary services provided to beneficiaries...

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