Legal Opinion
John P. Gallo, M.D. v. F. David Mathews, Secretary of Health, Education and Welfare, and Blue Shieldof Florida, Inc.
Court of Appeals for the Fifth Circuit
Decided September 17, 1976No. 75-1105PublishedCited by 22 opinions
1Opinion of the Court
DYER, Circuit Judge.
The opinion in this case, 5 Cir., 534 F.2d 1137, is withdrawn and the following corrected opinion is substituted therefor.
The Secretary of Health, Education and Welfare appeals the judgment of the district court enjoining him from recouping funds allegedly overpaid to Dr. Gallo under Part B of the Medicare Program. The Secretary argues that the district court lacked jurisdiction, either under 28 U.S.C.A. § 1331 or the Administrative Procedure Act, 5 U.S. C.A. § 701 et seq., and further asserts that, in any event, Szekely v. Florida Medical Association, 5 Cir. 1975, 517…
2Cases cited7 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Arry Ortego v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1975
- Kingsbrook Jewish Medical Center v. RichardsonCourt of Appeals for the Second Circuit · 1973
- Aquavella v. RichardsonCourt of Appeals for the Second Circuit · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by22 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
- Springdale Convalescent Center v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1977
- Dr. Walter A. Cervoni v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1978
- Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Trinity Memorial Hospital of Cudahy, Inc. v. Associated Hospital Service, Inc.Court of Appeals for the Seventh Circuit · 1977
17 more not listed; retrieve them via the Exa API.