PUSHKIN v. CALIFANO

No. 77-2401.

600 F.2d 486 (1979)

Dr. Emanuel PUSHKIN et al., Plaintiffs-Appellants, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 8, 1979.


Attorney(s) appearing for the Case

Bruce S. Rogow, Miami, Fla., for plaintiffs-appellants.

Robert E. Kopp, Alfred Mollin, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WISDOM, CLARK and FAY, Circuit Judges.


CHARLES CLARK, Circuit Judge:

This appeal considers the limitation by Congress of federal court jurisdiction over questions arising under the Medicare Act, 42 U.S.C.A. § 1395, et seq. Appellants challenge the constitutionality of the statute defining reimbursable services under Part B of the Medicare Act and the validity of a regulation promulgated thereunder. Because the constitutional challenge to the statute is insubstantial and a forum is available...

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