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AMERICAN CHIROPRACTIC ASS'N, INC. v. LEAVITT

No. 04-5411.

431 F.3d 812 (2005)

AMERICAN CHIROPRACTIC ASSOCIATION, INC., Appellant v. Michael O. LEAVITT, Secretary of the Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2005.

Attorney(s) appearing for the Case

George P. McAndrews argued the cause for appellant. With him on the briefs were Peter J. McAndrews, Gerald C. Willis, Jr., Joseph F. Harding, Matthew A. Anderson, and Thomas R. Daly.

Jeffrey Clair, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Barbara C. Biddle, Attorney.

Before: SENTELLE and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The first issue in this appeal from the district court's order granting summary judgment in favor of the Secretary of Health and Human Services is whether the American Chiropractic Association has prudential standing to pursue its claims under the Medicare Act. We hold that it does. The second issue is whether the district court had jurisdiction over each of the Association's remaining...

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