HOPEWELL NURSING HOME, INC. v. SCHWEIKER

No. 80-1846.

666 F.2d 34 (1981)

HOPEWELL NURSING HOME, INC. a South Carolina corporation, and William P. Betchman, an individual, on behalf of themselves and all other entities and persons similarly situated, Appellees, v. Richard L. SCHWEIKER, Secretary of Health and Human Services, United States Department of Health; James B. Cardwell, Commissioner of Social Security, United States Department of Health; Frank J. Groschelle, Regional Director, United States Department of Health; and James W. Murray, Regional Commissioner, Social Security Administration, United States Department of Health, Education and Welfare, Region IV, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1981.


Attorney(s) appearing for the Case

Leslie L. Clune, Dept. of Health and Human Services, Washington, D. C. (Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., Thomas P. Simpson, U. S. Atty., Columbia, S. C., Juan A. Del Real, Acting Gen. Counsel, Samuel D. Turner, Dept. of Health and Human Services, Washington, D. C., on brief), for appellants.

Eugene Tillman, Washington, D. C. (Thomas C. Fox, Joel M. Hamme, Pierson, Ball & Dowd, Washington, D. C., Harry S. Dent, Harry S. Dent & Associates, Columbia, S. C., on brief), for appellees.

Before WIDENER, HALL and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

In this appeal, the Secretary of the Department of Health and Human Services (the Secretary) seeks review of the district court's assertion of subject matter jurisdiction under 28 U.S.C. § 1331 over an action brought by Hopewell Nursing Home challenging survey methods used in determining ranges of compensation under the provider reimbursement program of the Medicare Act, 42 U.S.C. § 1395 et seq.1...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases