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EVANS v. WRIGHT

No. 78-1192. Summary Calendar.

582 F.2d 20 (1978)

Boyd D. EVANS and Lois A. Evans d/b/a Complete Breathing Care, Inc., Plaintiffs-Appellants, v. Doug WRIGHT and Christopher Mulholland, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 16, 1978.

Attorney(s) appearing for the Case

Rothblatt & Barnett, Orlando, Fla., Smith, Asbill, Roach & Nellis, Atlanta, Ga., Bernard D. Sommers, Maitland, Fla., for plaintiffs-appellants.

Boyd D. Evans, Lois Evans, pro se.

William L. Harper, U. S. Atty., Robert J. Castellani, Asst. U. S. Atty., Atlanta, Ga., Carl H. Harper, Regional Atty., Alvin N. Jaffe, Asst. Regional Atty., Dept. of HEW, Atlanta, Ga., for defendants-appellees.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

Plaintiffs, providers of durable medical equipment within the meaning of the Social Security Act, sued employees of the Department of Health, Education and Welfare, alleging they tortiously interfered with plaintiffs' contractual relations with certain Medicare patients. The district court granted defendants' motion for summary judgment, holding them to be protected by official immunity, the acts complained of being within the authority and scope of their...

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