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ARISTOCRAT SOUTH, INC. v. MATHEWS

Civ. A. No. 75-0472.

420 F.Supp. 23 (1976)

ARISTOCRAT SOUTH, INC., et al., Plaintiffs, v. F. David MATHEWS, Defendant.

United States District Court, District of Columbia.

May 25, 1976.

Attorney(s) appearing for the Case

Thomas C. Fox, George R. Clark, Joel M. Hamme, Washington, D.C., for plaintiffs; Samuel Laderman, Cleveland, Ohio, of counsel.

Earl J. Silbert, U. S. Atty., Robert N. Ford, Ann S. DuRoss, Asst. U. S. Attys., Washington, D.C., for defendant; Frank L. Dell'Acqua, Chief of Litigation, Ross E. Campbell, Carol Tootle, Social Security Div., Department of Health, Ed. and Welfare, Washington, D.C., of counsel.

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...

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