Legal Opinion

Babcock Artificial Kidney Center, Inc. v. United States

United States Court of Claims

Decided September 10, 1982No. 467-80CPublished

1Opinion of the Court

per curiam: Plaintiff, a renal dialysis center, seeks reimbursement of expenses it allegedly incurred under Part B of the Medicare Program. Citing United States v. Erika, 456 U.S. 201 (1982), defendant moves to dismiss the petition. We grant that motion.

As we have said many times, e.g., Regents of the University of Colorado v. United States, ante at 914; Drennan v. United States, ante at 916; Berton Siegel, D.O., Ltd. v. United States, ante at 895; O’Keefe v. United States, ante at 804, the Supreme Court’s decision in Erika prevents this court from reviewing a hearing officer’s determination…

2Cases cited4 opinions

  1. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
  2. Dames & Moore v. ReganSupreme Court of the United States · 1981
  3. United States v. Erika, Inc.Supreme Court of the United States · 1982
  4. Paul v. United StatesUnited States Court of Claims · 1982

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