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TEXAS MEDICAL ASS'N v. SULLIVAN

No. 87-1970.

875 F.2d 1160 (1989)

TEXAS MEDICAL ASSOCIATION, et al., Plaintiffs-Appellees, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1989.

Attorney(s) appearing for the Case

Robert M. Roller, Kathryn E. Allen, Austin, Tex., for Blue Cross & Blue Shield.

Katherine L. Smith, Charlene Seifert, Asst. U.S. Attys., Austin, Tex., for Sullivan.

Douglas J. Colton, Washington, D.C., Phyllis Berkelman Schunck, Wood, Lucksinger & Epstein, Austin, Tex., Gary W. Eiland, Houston, Tex., Donald J. Wilcox, Samuel V. Stone, Jr., Austin, Tex., for plaintiffs-appellees.

Before CLARK, BROWN and JOLLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This case is an interlocutory appeal, 28 U.S.C. § 1292(a)(1), of a preliminary injunction prohibiting Blue Cross and Blue Shield of Texas (BCBST) and the Secretary of Health and Human Services (Secretary) from recovering alleged overpayments made to doctors and patients under the Medicare (Part B) program. 42 U.S.C. §§ 1395j-1395w. Since we conclude 42 U.S.C. § 1395ff precludes judicial review, we vacate the preliminary...

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