Martinez v. Sullivan

SETH, Circuit Judge.

The parties have been advised that this court was considering summary dismissal of this appeal for lack of appellate jurisdiction.

This case began in 1971 when the original plaintiffs sought an injunction requiring appellants to provide hearings to Medicare home health patients before cutting off their benefits. On remand from this court, the district court issued an order in 1973 enjoining appellants from terminating home health care benefits to the individual plaintiffs and “to all those Medicare beneficiaries similarly situated without first providing an evidentiary…