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MOUNT SINAI HOSP. OF GREATER MIAMI, INC. v. WEINBERGER

No. 73-804-Civ-JLK.

376 F.Supp. 1099 (1974)

MOUNT SINAI HOSPITAL OF GREATER MIAMI, INC., Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare and Blue Cross of Florida, Inc., Defendants.

United States District Court, S. D. Florida,

February 6, 1974.

Attorney(s) appearing for the Case

James G. Roth, Broad & Cassel, Miami Beach, Fla., for plaintiff.

Kelly, Black, Black & Kenny, P. A., Miami, Fla., for defendant Blue Cross of Fla.

JAMES LAWRENCE KING, District Judge.

Plaintiff Mount Sinai Hospital brought this action to contest the defendants' right to recover some $6 million in Medicare payments received between 1966 and 1972 for services that the Government has since decided were not covered by the Medicare program. The case presents substantial questions about the scope of Governmental authority and the power of the courts to control its exercise, the decision of which will have important...

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