Legal Opinion

Aristocrat South, Inc. v. Mathews

District Court, District of Columbia

Decided May 25, 1976No. Civ. A. 75-0472PublishedCited by 12 opinions

1Opinion of the Court

CHARLES R. RICHEY, District Judge.

This case arises under the fifth amendment to the Constitution of the United States and Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq., popularly referred to as the “Medicare Act.” It is presently before the Court on cross-motions for summary judgment and defendant’s motion to dismiss for lack of subject matter jurisdiction.

There are basically two issues presented for decision. First, the defendant contends that this Court is without jurisdiction to hear the case. Second, on the merits, the Court is asked to decide whether the challenged…

2Cases cited5 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. Whitney National Bank in Jefferson Parish v. Bank of New Orleans & Trust Co.Supreme Court of the United States · 1965
  3. Milo Community Hospital, Etc. v. Caspar W. WeinbergerCourt of Appeals for the First Circuit · 1975
  4. Pinkney v. Ohio Environmental Protection AgencyDistrict Court, N.D. Ohio · 1974
  5. United States v. Southern Railway CompanyCourt of Appeals for the Fourth Circuit · 1967

3Cited by12 opinions

  1. 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
  2. Humana of South Carolina, Inc. v. CalifanoCourt of Appeals for the D.C. Circuit · 1978
  3. ST. VINCENT’S MEDICAL CENTER, Plaintiff-Appellant, v. the UNITED STATES, Defendant-AppelleeCourt of Appeals for the Federal Circuit · 1994
  4. The Diplomat Lakewood Incorporated, an Ohio Corporation v. Patricia Roberts Harris, Secretary, U. S. Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1979
  5. Indiana Hosp. Ass'n, Inc. v. SchweikerDistrict Court, S.D. Indiana · 1982

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