SOUTH MIAMI HOSP. v. BOWEN

No. 86-1790 Civ.

658 F.Supp. 544 (1987)

SOUTH MIAMI HOSPITAL, Plaintiff, v. Otis R. BOWEN, Secretary of Department of Health and Human Services, Defendant.

United States District Court, S.D. Florida.

March 31, 1987.


Attorney(s) appearing for the Case

Patricia Seitz, Steel, Hector & Davis, Miami, Fla., Leonard Homer, Baltimore, Md., for plaintiff.

Lynn D. Rosenthal, Asst. U.S. Atty., Miami, Fla., Marcus H. Christ, Dept. of Health & Human Services, Baltimore, Md., for defendant.


ORDER OF DISMISSAL

NESBITT, District Judge.

This cause is before the Court upon the Motion to Dismiss for lack of jurisdiction over the subject matter or in the alternative, for failure to state a claim upon which relief can be granted filed by the Defendant, OTIS R. BOWEN (BOWEN). Plaintiff, SOUTH MIAMI HOSPITAL (SMH) is a "provider of services" under the Medicare program, 42 U.S.C. § 1395 et seq, and seeks judicial review of whether the Provider...

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