BUSSEY v. HARRIS

No. 77-3224.

611 F.2d 1001 (1980)

Dr. Joseph G. BUSSEY, Jr., M. D. and Amy Jackson, P. A., Plaintiffs-Appellants, v. Patricia Roberts HARRIS, Secretary of Health and Human Resources, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 13, 1980.


Attorney(s) appearing for the Case

Richard L. Stumm, B. Lee Crawford, Jr., Atlanta, Ga., for plaintiffs-appellants.

William L. Harper, U. S. Atty., Nina L. Hunt, Robert J. Castellani, Asst. U. S. Attys., Carl H. Harper, Atty., HEW, Stephen P. Georgeson, Asst. Reg. Atty., Atlanta, Ga., for defendant-appellee.

Before TUTTLE, VANCE and KRAVITCH, Circuit Judges.


VANCE, Circuit Judge:

Appellants contend that the fifth amendment of the federal Constitution requires Medicare reimbursement, 42 U.S.C. § 1395 et seq., for paramedical services performed by physicians' assistants. The proper administrative forum rejected appellants' contention on its merits, and the district court dismissed the ensuing action for lack of subject matter jurisdiction. We affirm.

I.

Appellant Amy Jackson, a physician's...

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