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SIMONCELLI v. WEINBERGER

Civ. A. No. 75-512.

418 F.Supp. 87 (1976)

Leonard R. SIMONCELLI v. Casper W. WEINBERGER, Secretary of Health, Education, and Welfare and Pennsylvania Blue Shield.

United States District Court, E. D. Pennsylvania.

July 7, 1976.

Attorney(s) appearing for the Case

John R. Howland, Philadelphia, Pa., for plaintiff.

Robert E. J. Curran, U. S. Atty., Frank J. Bove, Asst. U. S. Atty., Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is defendants' motion to dismiss the complaint for lack of subject-matter jurisdiction. Defendants are the Secretary of the Department of Health, Education and Welfare ("Secretary") and Pennsylvania Blue Shield ("Blue Shield"), a "carrier" under contract with the Secretary to administer the provisions of Part B of the Medicare program.1 Plaintiff is a doctor...

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