Legal Opinion

Barth v. Blue Cross & Blue Shield of South Carolina

District Court, D. South Carolina

Decided April 12, 1977No. Civ. A. 76-1992PublishedCited by 1 opinion

1Opinion of the Court

ORDER

CHAPMAN, District Judge.

Plaintiff filed this action in the Marion County Court of Common Pleas to enjoin Blue Cross and Blue Shield of South Carolina from recouping overpayments made to Dr. Barth under the Medicare program. The action was removed to this court since Blue Cross is the duly authorized agent of the United States, and the Secretary of Health, Education and Welfare (the Secretary) is the real party in interest. 42 U.S.C. § 1395u (1970); 20 C.F.R. § 405.670 (1976); LeCompte v. Aetna Insurance —Medicare Claims, 397 F.Supp. 415 (D.Okl.1975).

During 1974, plaintiff, a licensed…

2Cases cited11 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. North Carolina v. RiceSupreme Court of the United States · 1971
  4. Hortonville Joint School District No. 1 v. Hortonville Education Ass'nSupreme Court of the United States · 1976
  5. Liner v. Jafco, Inc.Supreme Court of the United States · 1964

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3Cited by1 opinion

  1. Advanced Tissue, LLCUnited States Bankruptcy Court, E.D. Arkansas · 2023

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