TEXAS MEDICAL ASSOCIATION v. MATHEWS

Civ. A. No. A-74-CA-102.

408 F.Supp. 303 (1976)

TEXAS MEDICAL ASSOCIATION, a nonprofit corporation, et al., Plaintiffs, v. F. David MATHEWS, in his Official Capacity as Secretary of the Department of Health, Education and Welfare of The United States of America, Defendant.

United States District Court, W. D. Texas, Austin Division.

January 9, 1976.


Attorney(s) appearing for the Case

Jack D. Maroney and Will G. Barber, Brown, Maroney, Rose, Baker & Barber, Philip R. Overton, Austin, Tex., for plaintiffs.

Henry Valdespino, Asst. U. S. Atty., San Antonio, Tex., for defendant.


MEMORANDUM OPINION AND ORDER

ROBERTS, District Judge.

As this litigation now stands,1 the ultimate issue remaining to be decided by the Court is whether certain regulations promulgated by the Defendant Secretary of the Department of Health, Education and Welfare (HEW) under the Professional Standards Review Organizations (PSRO) statute of 1972,2 42 C.F.R. 101.2(e) and 101.48, whereby HEW has divided...

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