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JOHN MUIR MEM. HOSP., INC. v. CALIFANO

No. C-77-1854-CBR.

457 F.Supp. 848 (1978)

JOHN MUIR MEMORIAL HOSPITAL, INC., a nonprofit corporation, doing business as John Muir Memorial Hospital, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Arthur P. Owens, William E. Arnstein, Philip D. Bonnett, M. D., Harold Hinderer, Stanley P. Wilcox, Members of the Provider Reimbursement Review Board, Blue Cross Association, and Blue Cross of Northern California, Defendants.

United States District Court, N. D. California.

September 22, 1978.

Attorney(s) appearing for the Case

Weissburg & Aronson, Inc., Robert A. Klein, Patric Hooper, Los Angeles, Cal., for plaintiff.

G. William Hunter, U. S. Atty., George Christopher Stroll, Asst. U. S. Atty., San Francisco, Cal., Sanford Teplitzky, Dept. of Health, Education and Welfare, Baltimore, Md., for defendant Califano.

MEMORANDUM OF OPINION

RENFREW, District Judge.

This is a suit for mandamus and declaratory relief brought by plaintiff John Muir Memorial Hospital, Inc. ("Muir"), under Title XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.), the Declaratory Relief Act (28 U.S.C. § 2201), and the Fifth Amendment. The action is based on defendants' refusal to allow plaintiff to reopen its 1973...

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