No. 76-4076.

587 F.2d 762 (1979)

ALABAMA HOSPITAL ASSOCIATION, a nonprofit corporation, et al., Plaintiffs-Appellees Cross-Appellants, v. Joseph CALIFANO, Jr., Secretary of Health, Education and Welfare of the United States, et al., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended February 26, 1979.

Attorney(s) appearing for the Case

Ira DeMent, U. S. Atty., Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., William Kanter, Atty., Dept. of Justice, App. Section, Civil Div., Washington, D. C., John M. Rogers, Atty., U. of Kentucky-College of Law, Lexington, Ky., under special assignment, Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Randolph W. Gaines, Chief of Litigation, Social Security Div., Steven L. Jones, Atty., Dept. of H. E. W., Baltimore, Md., for defendants-appellants, cross-appellees.

M. R. Nachman, Jr., Montgomery, Ala., John P. Oliver, II, Dadeville, Ala., for plaintiffs-appellees, cross-appellants.

Before WISDOM, GODBOLD and TJOFLAT, Circuit Judges.


Alabama Hospital Association, an organization representing 140 Alabama hospitals, and the Tallapoosa County Hospital Board, as representatives of all private proprietary nonprofit and nonfederal governmental hospitals located within Alabama, sued the Secretary of Health, Education and Welfare (HEW) and Blue Cross and Blue Shield of Alabama for alleged violations of the Due Process clause of the Fifth Amendment. The lawsuit arose out of HEW's recoupment...

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