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MARTINEZ v. SULLIVAN

No. 87-1947.

874 F.2d 751 (1989)

Jose R.E. MARTINEZ, Esquipula Baca, Tranquilino Manzanares and Hilario Aguilar, on their own behalf and on behalf of all others similarly situated, Plaintiffs, James Lannom, Julian Garcia, Lillie Hogue, Danny Carpenter and Nancy Cox, Plaintiffs-Appellees, v. Lewis SULLIVAN, M.D., individually, and as Secretary of the United States Department of Health and Human Services, and Blue Cross Association of New Mexico, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 12, 1989.

Attorney(s) appearing for the Case

John S. Koppel, Attorney, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., William L. Lutz, U.S. Atty., Albuquerque, N.M., and Anthony J. Steinmeyer, Attorney, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., with him on the briefs), for defendants-appellants.

Peter Komlos-Hrobsky, Nat. Senior Citizens Law Center, Los Angeles, Cal. (Sally Hart Wilson, Nat. Sr. Citizens Law Center, Los Angeles, Cal., Roger A. Schwartz and Judith G. Waxman, Nat. Health Law Project, Washington, D.C., John Vail, New Mexico Legal Services Support Project, Albuquerque, N.M., and E.C. Gomez, Southern New Mexico Legal Services, Inc., Las Cruces, N.M., with him on the brief), for plaintiffs-appellees.

Before TACHA and SETH, Circuit Judges, and SAFFELS, District Judge.

SETH, Circuit Judge.

The parties have been advised that this court was considering summary dismissal of this appeal for lack of appellate jurisdiction.

This case began in 1971 when the original plaintiffs sought an injunction requiring appellants to provide hearings to Medicare home health patients before cutting off their benefits. On remand from this court, the district court issued an order in 1973 enjoining appellants from terminating home health care...

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