Legal Opinion
Dr. John T. MacDonald Foundation, Inc., D/B/A Doctors' Hospital, Etc. v. F. David Mathews, Secretary of Health, Education and Welfare
Court of Appeals for the Fifth Circuit
Decided June 23, 1977No. 75-2966PublishedCited by 23 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
Before DYER, CLARK and GEE, Circuit Judges. GEE, Circuit Judge:
In our opinion herein, 534 F.2d 633 (5th Cir. 1976), we concluded that the district court was granted jurisdiction of this case by Section 10 of the Administrative Procedure Act. We have withheld action on motion for rehearing pending decision by the Supreme Court of Califano v. Sanders,U.S. —, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). In it the Court has now decided that the APA does not constitute an implied grant of subject-matter jurisdiction permitting federal judicial review of agency action. Thus, our…
2Cases cited7 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Weinberger v. SalfiSupreme Court of the United States · 1975
- St. Louis University, Etc., Appellant-Appellee v. Blue Cross Hospital Service, Etc., Appellees-AppellantsCourt of Appeals for the Eighth Circuit · 1976
- Arry Ortego v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1975
- South Windsor Convalescent Home, Inc. v. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Association of American Medical Colleges v. Joseph A. Califano, Jr., Secretary, Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1977
- Northlake Community Hospital v. United StatesCourt of Appeals for the Seventh Circuit · 1981
- Dr. John T. MacDonald Foundation, Inc. v. CalifanoCourt of Appeals for the Fifth Circuit · 1978
- Trinity Memorial Hospital of Cudahy, Inc. v. Associated Hospital Service, Inc.Court of Appeals for the Seventh Circuit · 1977
- The American Association Of Councils Of Medical Staffs Of Private Hospitals, Inc. v. CalifanoCourt of Appeals for the Fifth Circuit · 1978
18 more not listed; retrieve them via the Exa API.