DR. JOHN T. MacDONALD FOUNDATION v. CALIFANO

No. 75-2966.

571 F.2d 328 (1978)

DR. JOHN T. MacDONALD FOUNDATION, INC., d/b/a Doctors' Hospital, a Florida Corporation not for profit, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Blue Cross Association, an Illinois Corporation and Blue Cross of Florida, Inc., a Florida Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 17, 1978.


Attorney(s) appearing for the Case

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

Arthur R. Chenen, Los Angeles, Cal., for Memorial, Inc., etc., et al.

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

Before BROWN, Chief Judge, and COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, and VANCE, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

In this action the appellant appeals the grant of summary judgment in favor of appellees. The issue, en banc, is whether jurisdiction exists in the federal district court to review decisions of the Secretary of HEW awarding reimbursement under the Medicare Act, 42 U.S.C. § 1395 et seq. In its two previous appellate appearances, the panel had held that the district court had review jurisdiction and had reversed the...

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