South Windsor Convalescent Home, Inc. v. David Mathews, Secretary of Health, Education and Welfare

MANSFIELD, Circuit Judge:

The Secretary of the Department of Health, Education and Welfare (hereafter “HEW”) appeals from a decision and summary judgment order of the United States District Court, District of Connecticut, T. Emmet Clarie, Chief Judge, entered on July 17, 1975, holding that HEW regulation 20 C.F.R. § 405.415(d)(3), as applied to the years preceding 1970, contravenes the Medicare Act, 42 U.S.C. §§ 1395, et seq. (hereafter “the Act”), and the Due Process Clause of the Fifth Amendment. Because we conclude that jurisdiction was not available in the district court to test the HEW…