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DR. JOHN T. MacDONALD FOUNDATION v. MATHEWS

No. 75-2966.

554 F.2d 714 (1977)

DR. JOHN T. MacDONALD FOUNDATION, INC., d/b/a Doctors' Hospital, etc., Plaintiff-Appellant, v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 23, 1977.

Attorney(s) appearing for the Case

Aubrey V. Kendall, Charles C. Kline, Miami, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., John S. Berk, Asst. U. S. Atty., Miami, Fla., Robert E. Kopp, Richard A. Olderman, John M. Rogers, Appellate Sec., Civil Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before DYER, CLARK and GEE, Circuit Judges.

ON PETITION FOR REHEARING

GEE, Circuit Judge:

In our opinion herein, 534 F.2d 633 (5th Cir. 1976), we concluded that the district court was granted jurisdiction of this case by Section 10 of the Administrative Procedure Act. We have withheld action on motion for rehearing pending decision by the Supreme Court of Califano v. Sanders, ___ U.S. ___, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). In it the Court has now decided...

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