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NATIONAL MEDICAL ENTERPRISES, INC. v. BOWEN

Civ. A. No. 88-2203.

725 F.Supp. 1 (1989)

NATIONAL MEDICAL ENTERPRISES, INC., and its wholly-owned Subsidiaries Which Provide Service Under the Medicare Program v. Otis BOWEN, M.D., Secretary of Health and Human Services.

United States District Court, District of Columbia.

August 15, 1989.

Attorney(s) appearing for the Case

Patric Hooper and John R. Hellow, Hooper, Lundy & Bookman, Inc., Los Angeles, Cal., and Allen T. Eaton & Associates, David Smorodin, Washington, D.C., for plaintiffs.

Robert L. Roth, Dept. H & HS, Baltimore, Md., and Susanne M. Lee, Dept. H & HS, Washington, D.C., for defendants.

MEMORANDUM OPINION

FLANNERY, District Judge.

Defendant Otis Bowen ("the Secretary") has moved pursuant to Fed.R.Civ.Pro. 12(b)(1) to dismiss the underlying complaint for lack of subject matter jurisdiction. As demonstrated below, under the clear dictates of Supreme Court and D.C. Circuit caselaw interpreting the relevant statutory and regulatory framework, this court is divested of jurisdiction in this case until the plaintiffs have exhausted their administrative...

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