Legal Opinion

Dr. John T. MacDonald Foundation, Inc. v. Califano

Court of Appeals for the Fifth Circuit

Decided April 17, 1978No. 75-2966PublishedCited by 32 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

In this action the appellant appeals the grant of summary judgment in favor of appellees. The issue, en banc, is whether jurisdiction exists in the federal district court to review decisions of the Secretary of HEW awarding reimbursement under the Medicare Act, 42 U.S.C. § 1395 et seq. In its two previous appellate appearances, the panel had held that the district court had review jurisdiction and had reversed the summary judgment. Because we hold that Congress precluded the review of the Secretary’s decision, we vacate the panel’s decision, dismiss, and…

2Cases cited14 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Weinberger v. SalfiSupreme Court of the United States · 1975
  4. Shelley v. KraemerSupreme Court of the United States · 1948
  5. Johnson v. RobisonSupreme Court of the United States · 1974

9 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Humana of South Carolina, Inc. v. CalifanoCourt of Appeals for the D.C. Circuit · 1978
  2. Dr. Walter A. Cervoni v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1978
  3. Graham v. HenegarCourt of Appeals for the Fifth Circuit · 1981
  4. V.N.A. Of Greater Tift County, Inc., a Georgia Non-Profit Corporation v. Margaret M. Heckler and Blue Cross and Blue Shield of Georgia/columbus, Inc.Court of Appeals for the Eleventh Circuit · 1983
  5. Rhode Island Hospital v. Joseph A. Califano, Etc.Court of Appeals for the First Circuit · 1978

27 more not listed; retrieve them via the Exa API.

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