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LANGHORNE GARDENS, INC. v. WEINBERGER

Civ. A. No. 73-2047.

371 F.Supp. 1216 (1974)

LANGHORNE GARDENS, INC. v. Caspar W. WEINBERGER, Secretary of the United States Department of Health, Education and Welfare and Blue Cross of Greater Philadelphia, Inc.

United States District Court, E. D. Pennsylvania.

March 6, 1974.

Attorney(s) appearing for the Case

Gilbert Newman of Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for plaintiff.

Kenneth A. Ritchie, Asst. U. S. Atty., Robert E. J. Curran, U. S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM OPINION

HIGGINBOTHAM, District Judge.

The fundamental question here to be resolved is whether a provider of services (Langhorne Gardens, Inc.) under the Health Insurance for the Aged Act1 is entitled by virtue of the Fifth Amendment Due Process Clause to review of an adverse coverage determination made by the provider's fiscal intermediary2 (Blue Cross of Greater Philadelphia, Inc). Here...

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