Legal Opinion

National Ass'n of Psychiatric Treatment Centers for Children v. Weinberger

District Court, D. Colorado

Decided February 27, 1987No. Civ. A. No. 86-F-1024PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SHERMAN G. FINESILVER, Chief Judge.

THIS MATTER is before the Court on dispositive Cross-Motions. Because the parties rely on exhibits, declarations and affidavits outside the pleadings, we will treat the motions as Motions for Summary Judgment. Rules 12 and 56, Fed.R.Civ.P. For the reasons expressed below, the plaintiffs’ Motion for Summary Judgment is GRANTED, and the defendants’ Motion for Summary Judgment is DENIED.

I. Factual and Procedural Background

This action involves the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), a health care…

2Cases cited30 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Heckler v. ChaneySupreme Court of the United States · 1985
  5. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986

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3Cited by6 opinions

  1. American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987
  2. Failor's Pharmacy v. Department of Social & Health ServicesWashington Supreme Court · 1994
  3. Woods Psychiatric Institute v. United StatesUnited States Court of Claims · 1990
  4. Arkansas Pharmacist's Ass'n v. Arkansas State & Public School Life & Health Insurance BoardSupreme Court of Arkansas · 2003
  5. American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987

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