COM. OF VA. EX REL. DEPT. OF MED. ASSIS. v. BOWEN

Civ. A. Nos. 85-0933-R, 84-1171-R.

683 F.Supp. 148 (1988)

COMMONWEALTH OF VIRGINIA, ex rel., the VIRGINIA DEPARTMENT OF MEDICAL ASSISTANCE SERVICES v. Otis R. BOWEN, M.D., Secretary Health and Human Services. Horace G. FRALIN, et al. v. Otis R. BOWEN, M.D., Secretary Health and Human Services, et al.

United States District Court, W.D. Virginia, Roanoke Division.

March 29, 1988.


Attorney(s) appearing for the Case

William G. Broaddus, Roger L. Chaffe, Robert L. Poff, Pamela M. Reed, Richmond, Va., D. Stan Barnhill, William B. Poff, Woods, Rogers, Muse, Walker & Thornton, Jennie L. Montgomery, Asst. U.S. Atty., Roanoke, Va., James S. Feight, Asst. Reg. Atty., Philadelphia, Pa., for plaintiffs.

E. Montgomery Tucker, Gerald L. Baliles, Atty. Gen., John A. Rupp, Sr. Asst. Atty. Gen., Julia Krebs-Markrich, Asst. Atty. Gen., Richmond, Va., for defendant.


MEMORANDUM OPINION

TURK, Chief Judge.

This case is before the court on a motion for summary judgment made by the defendant (hereinafter the "Secretary"). In an earlier decision, the court denied the Secretary's motion to dismiss, holding that subject matter jurisdiction over disallowance disputes was proper in the district court. Turning now to the merits of the case, the court upholds the decision of the Grant Appeals Board, and accordingly, the motion...

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