Harold Lusskin, M.D. v. F. David Mathews, Secretary of Health, Education and Welfare
This text of 534 F.2d 1141 (Harold Lusskin, M.D. v. F. David Mathews, Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The jurisdictional issue in this case is the same as that found in Gallo v. Mathews, 5 Cir. 1976, 534 F.2d 1137, decided this day, and is controlled by that case. Lusskin, like Gallo, challenges the initial determination of Blue Cross, without any attempt to review that decision through the available hearing procedure. Jurisdiction fails under the APA since the initial determination does not constitute “final agency action.”
REVERSED AND REMANDED WITH DIRECTIONS TO DISMISS THE COMPLAINT.
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Cite This Page — Counsel Stack
534 F.2d 1141, 1976 U.S. App. LEXIS 8099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harold-lusskin-md-v-f-david-mathews-secretary-of-health-education-ca5-1976.