Alabama Home Health Care, Inc. v. Heckler
This text of 711 F.2d 988 (Alabama Home Health Care, Inc. v. Heckler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ALABAMA HOME HEALTH CARE, INC., an Alabama non-profit
corporation, Plaintiff-Appellee,
v.
Margaret M. HECKLER, as Secretary of the United States
Department of Health and Human Services,
Defendant-Appellant.
No. 82-7042.
United States Court of Appeals,
Eleventh Circuit.
Aug. 8, 1983.
Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., Henry Goldberg, Baltimore, Md., F. Richard Waitsman, Asst. Regional Atty., Dept. of Health & Human Services, Atlanta, Ga., for defendant-appellant.
Stewart, Falkenberry & Whatley, Joe R. Whatley, Jr., Birmingham, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Alabama; U.W. Clemon, Judge.
Before GODBOLD, Chief Judge, FAY and SMITH*, Circuit Judges.
BY THE COURT:
On May 25, 1983 the Provider Reimbursement Review Board entered its decision in this case. Because the district court may now assume jurisdiction under 42 U.S.C. Sec. 1395oo, the issue of the district court's jurisdiction under the All Writs Act is moot.
The appeal is DISMISSED as moot, the district court's order, 527 F.Supp. 849, is vacated and the cause remanded to the district court with instructions to dismiss the case as moot.
Honorable, Edward S. Smith, U.S. Court of Appeals for the Federal Circuit, sitting by designation
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711 F.2d 988, 1983 U.S. App. LEXIS 25134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-home-health-care-inc-v-heckler-ca11-1983.