Legal Opinion

Kostenko v. U.S. Department of Health & Human Services

District Court, S.D. West Virginia

Decided January 4, 2013No. Civil Action No. 5:12-cv-01882PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

IRENE C. BERGER, District Judge.

The Court has reviewed the Motion of the United States of America to Dismiss for Lack of Subject Matter Jurisdiction (Document 4) and supporting memorandum (Document 5), Plaintiffs response in opposition (Document 8) and Defendant’s reply (Document 9), together with Plaintiffs Petition (Document 1). After careful review, the Court grants Defendant’s motion.

I. FACTUAL BACKGROUND

Plaintiff is a physician who received a scholarship from the National Health Services Corp (“NHSC”) Scholarship Program, 42 U.S.C. § 2541, in 1980 to finance…

2Cases cited17 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Bennett v. SpearSupreme Court of the United States · 1997
  4. Weinberger v. SalfiSupreme Court of the United States · 1975
  5. Heckler v. RingerSupreme Court of the United States · 1984

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3Cited by3 opinions

  1. Forloine v. PersilyDistrict Court, S.D. West Virginia · 2024
  2. Hope v. Department of Health and Human ServicesDistrict Court, W.D. North Carolina · 2020
  3. Ritu Bhambhani LLC v. Neuraxis, Inc.District Court, D. Maryland · 2023

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