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ALABAMA HOME HEALTH CARE, INC. v. SCHWEIKER

Civ. A. No. 81-C-1583-S.

527 F.Supp. 849 (1981)

ALABAMA HOME HEALTH CARE, INC., Plaintiff, v. Richard S. SCHWEIKER, as Secretary of Health and Human Services, Defendant.

United States District Court, N. D. Alabama, S. D.

December 1, 1981.

Attorney(s) appearing for the Case

Joe R. Whatley, Stewart, Falkenberry & Whatley, Birmingham, Ala., for plaintiff.

Frank W. Donaldson U. S. Atty., Herbert J. Lewis, III, Asst. U. S. Atty., Birmingham, Ala., for defendant.

MEMORANDUM OF OPINION

CLEMON, District Judge.

Issues Presented

Congress has provided for judicial review of decisions of Secretary of the Department of Health and Human Services (HHS) regarding reimbursement to Medicare providers after a final decision by the HHS Secretary. 42 U.S.C. § 1395oo. The first issue with which this Court must grapple is whether it has jurisdiction to grant interim injunctive relief so as to maintain...

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