Legal Opinion
Arthur C. Logan Memorial Hospital v. Toia
District Court, S.D. New York
Decided August 24, 1977No. 77 Civ. 1216PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
OWEN, District Judge.
Defendant Joseph Califano, Secretary of the United States Department of Health, Education, and Welfare (the Secretary), has moved to dismiss pursuant to Rule 12(b)(1), FRCP, or in the alternative, for summary judgment. Since the relief sought against (or from) the Secretary either exceeds his statutory authority or is discretionary, this motion is granted.
Under Title XIX of the Social Security Act (Medicaid) 42 U.S.C. §§ 1396 et seq., HEW reviews and approves State Plans, and insures that States are operating in conformity with their approved plans.…
2Cases cited4 opinions
- Thomas S. Leonhard v. John Mitchell, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1973
- Rosenfeld v. Schwitzer CorporationDistrict Court, S.D. New York · 1966
- Hospital Ass'n of New York State, Inc. v. ToiaDistrict Court, S.D. New York · 1977
- Montana Deaconess Hospital v. Department of Social & Rehabilitation ServicesMontana Supreme Court · 1975
3Cited by8 opinions
- In Re Grand Jury InvestigationSupreme Court of Rhode Island · 1982
- Phoenix Baptist Hospital and Medical Center, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1991
- Community Health Care Ass'n of New York v. DeParleDistrict Court, S.D. New York · 1999
- In Re Search Warrant for 2045 Franklin, DenverColorado Court of Appeals · 1985
- Phoenix Baptist Hospital & Medical Center v. United StatesDistrict Court, D. Arizona · 1989
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