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GALLO v. MATHEWS

No. 75-1105.

538 F.2d 1148 (1976)

John P. GALLO, M.D., Plaintiff-Appellee, v. F. David MATHEWS, Secretary of Health, Education and Welfare, and Blue Shield of Florida, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 17, 1976.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Robert C. Byrne, Asst. U. S. Atty., Miami, Fla., Robert E. Kopp, David M. Cohen, Dept. of Justice, Civ. Div., Appellate Section, Washington, D. C., J. W. Herbert, Resident Agent, Blue Shield of Fla., Inc., Jacksonville, Fla., for defendants-appellants.

Leo Greenfield, North Miami, Fla., for plaintiff-appellee.

Before DYER, SIMPSON and RONEY, Circuit Judges.

DYER, Circuit Judge.

The opinion in this case, 5 Cir., 534 F.2d 1137, is withdrawn and the following corrected opinion is substituted therefor.

The Secretary of Health, Education and Welfare appeals the judgment of the district court enjoining him from recouping funds allegedly overpaid to Dr. Gallo under Part B of the Medicare Program. The Secretary argues that the district court lacked jurisdiction, either under 28 U.S.C...

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