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AM. ASS'N OF COUNCILS OF MEDICAL STAFFS v. CALIFANO

No. 76-4156.

575 F.2d 1367 (1978)

The AMERICAN ASSOCIATION OF COUNCILS OF MEDICAL STAFFS OF PRIVATE HOSPITALS, INC., Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of U. S. Department of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 1978.

Attorney(s) appearing for the Case

Roy F. Guste, William J. Guste, III, John C. Saunders, Jr., New Orleans, La., for plaintiff-appellant.

Ford J. Dieth, Asst. U. S. Atty., New Orleans, La., James C. Pyles, Atty., Dept. of H. E. W., Baltimore, Md., Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., for defendant-appellee.

Henry B. Alsobrook, New Orleans, La., for amicus curiae La. State Med. Society.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

The American Association of Councils of Medical Staffs of Private Hospitals (CMS) filed suit on behalf of its physician members challenging certain federal regulations. These regulations, promulgated under the Medicare Act, 42 U.S.C. § 1395 et seq., control the manner in which participating hospitals review their physicians' efforts. The district court held that it had jurisdiction, and found against the plaintiff-appellant on the merits...

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