Legal Opinion
Smith v. Office of Civilian Health & Medical Program
District Court, S.D. Indiana
Decided September 29, 1994No. IP 94-1396 CPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM ENTRY
BARKER, Chief Judge.
Plaintiff, Erin Colleen Smith, brings this action for declaratory and injunctive relief challenging the presumed denial by the Office of Civilian Health and Medical Program of the Uniformed Services (“CHAMPUS”) of authorization for high-dose chemotherapy (“HDC”) with peripheral stem cell rescue (“PSCR”) as treatment for her breast cancer. Defendants CHAMPUS and William Perry, in his official capacity as the Secretary of Defense for the United States (collectively “CHAMPUS”), have moved for summary judgment.1 For the reasons stated below, Defendants’ motion…
2Cases cited20 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Hecht Co. v. BowlesSupreme Court of the United States · 1944
- Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
- Edward R. POSEY, Plaintiff-Appellant, v. SKYLINE CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1983
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3Cited by2 opinions
- Mattive v. Healthsource of Savannah, Inc.District Court, S.D. Georgia · 1995
- Smith v. OFFICE OF CIV. HEALTH AND MED. PROGRAMDistrict Court, S.D. Indiana · 1994