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ANDERSON v. BOWEN

No. 946, Docket 88-6299.

881 F.2d 1 (1989)

Vincent ANDERSON, Irene Cirillo, Michael de Monte, Alexander Ellman, Kenneth Sunew and Eduard Negoianu, Plaintiffs-Appellants, v. Otis R. BOWEN, as Secretary of the Department of Health and Human Services, William Toby, Morton Berkowitz, Mordecai A. Berkun, and Empire Blue Cross Blue Shield, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 28, 1989.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., Craig A. Landy, New York City (Brown & Seymour, New York City, of counsel), for plaintiffs-appellants.

Benito Romano, U.S. Atty., S.D.N.Y. (Gabriel W. Gorenstein, Asst. U.S. Atty., New York City, Richard M. Schwartz, Asst. U.S. Atty., New York City, of counsel), for Appellees.

Before FEINBERG, PIERCE and BROWN , Circuit Judges.

JOHN R. BROWN, Senior Circuit Judge.

Patients enrolled in the voluntary Medicare Part B health insurance program and physician assignees of enrolled patients appeal the district court's F.R.Civ.P. 12(b)(1) dismissal for lack of subject matter jurisdiction. Finding a challenge to the amount of Medicare Part B benefits awarded at the heart of this controversy, we agree with the district court that it has no jurisdiction under...

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