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HERZOG v. SECRETARY OF HEALTH, EDUC. & WELFARE

No. 80-3647.

686 F.2d 1154 (1982)

Bertha HERZOG, James Vecchio and Joseph Balombin, on behalf of themselves and as representatives of the Class herein defined, Plaintiffs-Appellants, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 9, 1982.

Attorney(s) appearing for the Case

N. D. Rollins, Cleveland, Ohio, for plaintiffs-appellants.

James R. Williams, U. S. Atty., Cleveland, Ohio, Robert C. Cordek, Asst. Regional Atty., Dept. of H. H. S., Chicago, Ill., for defendant-appellee.

Before LIVELY and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

KEITH, Circuit Judge.

The United States District Court for the Northern District of Ohio held that it did not have subject matter jurisdiction over claims involving the amount payable under Part B of the Medicare Act. We agree, and affirm the judgment of District Judge Lambros.

I. BACKGROUND OF THE MEDICARE PROGRAM

The Federal Health Insurance for the Aged and Disabled, popularly known as Medicare, 42 U.S.C. §§ 1395 et seq., consists...

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