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MOODY NURSING HOME, INC. v. CALIFANO

No. 77-1322 Summary Calendar.

578 F.2d 1158 (1978)

MOODY NURSING HOME, INC., Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 25, 1978.

Attorney(s) appearing for the Case

Cleburne E. Gregory, III, Atlanta, Ga., for plaintiff-appellant.

John W. Stokes, Jr., U. S. Atty., Julian M. Longley, Jr., Asst. U. S. Atty., Atlanta, Ga., Richard A. Olderman, Robert E. Kopp, Barbara Allen Babcock, Asst. Atty. Gen., Civ. Div., Appellate Section, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

This is an action seeking judicial review of an administrative determination limiting certain items of Medicare reimbursement to plaintiff nursing home under Title XVIII of the Social Security Act, 42 U.S.C.A. §§ 1395 et seq.

Acting prior to the Supreme Court decision in Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977), the trial court asserted jurisdiction under the Administrative...

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