LIFESTAR AMBULANCE SERVICE, INC. v. U.S.

No. 03-11392.

365 F.3d 1293 (2004)

LIFESTAR AMBULANCE SERVICE, INC., a Georgia corporation, individually and on behalf of a class of all entities similarly situated, Coastal Medical Transport, Inc., a North Carolina corporation, individually and on behalf of a class of all entities similarly situated, Ambulance Services, Inc., a Tennessee corporation, individually and on behalf of a class of all entities similarly situated, Plaintiffs-Appellees, v. UNITED STATES of America, Department of Health and Human Services, Tommy Thompson, in his official capacity as Secretary/Director of D.H.H.S., Health Care Financing Administration (Centers for Medicare & Medicaid Services), Thomas A. Scully, in his official capacity as Secretary/Director of H.C.F.A./C.M.S., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 16, 2004.


Attorney(s) appearing for the Case

Jeffrey A. Clair, Washington, DC, for Defendants-Appellants.

James E. Butler, Jr., Dustin Thomas Brown, Jason L. Crawford, James Clay Fuller, Butler, Wooten, Overby & Cheeley, Columbus, GA, G. Christopher Kelly, Atlanta, GA, for Plaintiffs-Appellees.

Before ANDERSON, BLACK and HILL, Circuit Judges.


HILL, Circuit Judge:

This case arises from a dispute over the Medicare reimbursement rates for ambulance service suppliers. The district court denied defendants' motion to dismiss for want of mandamus jurisdiction, entered summary judgment on the merits for plaintiffs, and certified them as a class. Defendants timely filed this appeal.

I.

Plaintiffs are ambulance suppliers based in Georgia, North Carolina, and Tennessee, who provide ambulance services...

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