MILLER v. HECKLER

No. TY-84-453-CA.

601 F.Supp. 1471 (1985)

Floye MILLER, et al., v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al.

United States District Court, E.D. Texas, Tyler Division.

February 5, 1985.


Attorney(s) appearing for the Case

Frank H. Case III, Bruce R. Gilbert, Case & Cohen, Washington, D.C., Michael L. Sampson, Steves & Leonard, Fort Worth, Tex., for plaintiffs.

Robert J. Wortham, U.S. Atty., Ruth Harris, Asst. U.S. Atty., Tyler, Tex., Amy Yourman, Atty., Office of the General Counsel, Dept. of Health and Human Services, Washington, D.C., for defendants.


ORDER OF DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION

STEGER, District Judge.

The plaintiffs in this action comprise two separate and distinct groups. The first consists of residents of various Texas nursing homes who have been denied coverage for durable medical equipment under Part B of Title XVIII of the Social Security Act ("Medicare Part B"). The second group includes several durable medical equipment suppliers that provided equipment to those...

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