Bumb v. Hospital Service of Southern California

440 F.2d 1077 A. J. BUMB, as Receiver of Highlander, Inc., a corporation doing business as Highlander Sanitarium, Debtor, Appellant, v. HOSPITAL SERVICE OF SOUTHERN CALIFORNIA, doing business as Blue Cross of Southern California, Secretary of Health, Education and Welfare, Appellees. No. 24606. United States Court of Appeals, Ninth Circuit. April 5, 1971. Robert W. Driscoll, Los Angeles, Cal., for appellant. Walter H. Fleischer (argued), Atty., for Dept. of Justice, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D.C., Robert L. Meyer, U.S. Atty., Carolyn M. Reynolds, Asst. U.S. Atty., Los Angeles, Cal., for appellees. Before CHAMBERS, ELY and WRIGHT, Circuit Judges. PER CURIAM: 1 The Debtor provided services under the national medicare program. It sought recovery of some $60,000 which it alleged to be a remaining obligation for those services. The Secretary and its local agent for the administering of the medicare program, the appellees, rejected the claim upon their determination that the Debtor had already been overpaid. The Debtor's Receiver then sought recovery in the District Court. 2 The District Court entered judgment for the appellees, holding that judicial review…