MICHIGAN ACADEMY v. BLUE CROSS BLUE SHIELD

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Docket Number

No. 81-1202.

Attorney(S)

Leonard R. Gilman, U.S. Atty., Michele Coleman Mayes, Asst. U.S. Atty., Detroit, Mich., Thomas Stuber, Atty. (argued), Dept. of Health Human Services, Baltimore, Md., for defendants-appellants. Alan Gilchrist (argued), Frimet, Bellamy Gilchrist, Detroit, Mich., for plaintiffs-appellees.

Judges

Nathaniel Raphael Jones
John Weld Peck
Bailey Brown

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MICHIGAN ACADEMY OF FAMILY PHYSICIANS, ET AL., PLAINTIFFS-APPELLEES, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN AND RICHARD S. SCHWEIKER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANTS-APPELLANTS.

ORDER

This case is before this court on remand from the Supreme Court of the United States. The Supreme Court, after granting certiorari, vacated the judgment of this court and remanded for reconsideration in light of Heckler v. Ringer, ___ U.S. ___, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984), which was announced subsequent to the filing of our opinion herein.

We conclude that the principles stated by the Supreme Court in Heckler v. Ringer require us to find that the federal courts lack jurisdiction over the present case, and therefore remand the cause to the United States District Court for the Eastern District of Michigan with instructions to dismiss.

It is so ordered.

Opinion on reconsideration, 6th Cir., 757 F.2d 91.

MICHIGAN ACADEMY OF FAMILY PHYSICIANS, ET AL., PLAINTIFFS-APPELLEES, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN AND RICHARD S. SCHWEIKER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANTS-APPELLANTS.

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