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CARDIAC MONITORING SERVICES v. BLUE CROSS

No. LR-C-92-01.

807 F.Supp. 1422 (1992)

CARDIAC MONITORING SERVICES, INC., Plaintiff, v. BLUE CROSS AND BLUE SHIELD OF ARKANSAS and Dr. Louis Sullivan, Secretary of the Department of Health and Human Services, Defendants.

United States District Court, E.D. Arkansas, W.D.

August 6, 1992.

Attorney(s) appearing for the Case

Curtis L. Bowman, Jack, Lyon & Jones, P.A., Deborah Ruth Sallings, Jack, Lyon & Jones, P.A., Little Rock, AR, for Cardiac Monitoring Services, Inc.

Jim D. Patton, Blue Cross/Blue Shield, Little Rock, AR, for Blue Cross.

Linda B. Lipe, U.S. Attorney's Office, Little Rock, AR, Stuart Langbein, Health Care Financing Div., U.S. Dept. of Health & Human Services, Baltimore, MD, for Louis Sullivan.

ORDER

HENRY WOODS, District Judge.

INTRODUCTION. The Secretary of the Department of Health and Human Services ("Secretary") has filed a motion to dismiss for lack of subject matter jurisdiction. He alleges that plaintiff, Cardiac Monitoring Services, Inc., has failed to assert a proper basis for federal jurisdiction. The Court agrees, and the motion is granted.

THE MEDICARE ACT. The Medicare Act ("Act") provides for the payment of covered medical...

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