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AMERICAN ACADEMY OF DERMATOLOGY v. DHHS

No. 97-2229.

118 F.3d 1495 (1997)

AMERICAN ACADEMY of DERMATOLOGY; Florida Society of Dermatology; Seniors Coalition, Inc., Plaintiffs-Appellants, v. DEPARTMENT of HEALTH & HUMAN SERVICES, through Donna Shalala, Secretary of the United States Department of Health and Human Services; Health Care Financing Administration; Bruce Vladeck, Administrator of Health Care Financing Administration; Blue Cross/Blue Shield of Florida, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 7, 1997.

Attorney(s) appearing for the Case

Dana G. Bradford, II, Rebecca B. Creed, Jacksonville, FL, Esther R. Scherb, Maureen E. Mahoney, Richard P. Bress, Lathan and Watkins, P. Robert Rigney, Jr., American Academy of Dermatology, Stuart S. Kurlander, Washington, DC, for Plaintiffs-Appellants.

Ralph Lee, Assistant U.S. Attorney, Jacksonville, FL, Tamra Phipps, Assistant U.S. Attorney, Tampa, FL, for Defendants-Appellees.

Before BARKETT, Circuit Judge, HILL, Senior Circuit Judge, and HOWARD, Senior District Judge.

BARKETT, Circuit Judge:

Appellants, the American Academy of Dermatology, et al., appeal from the district court's order dismissing the instant action for lack of subject matter jurisdiction. Appellants filed suit against the United States Department of Health and Human Services1 alleging violations of Part B of the Medicare Act, 42 U.S.C. §§ 1395j-1395w-4. On appeal, appellants argue that the district court erred in holding that...

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