Rothman v. Hospital Service Of Southern California

510 F.2d 956 Don ROTHMAN, as receiver of Highlander, Inc., a corporation dba Highlander Sanitarium, Debtor in Proceedings under Chapter XI, Plaintiff-Appellant, v. HOSPITAL SERVICE OF SOUTHERN CALIFORNIA dba Blue Cross of Southern California and Secretary of Health, Education and Welfare, Defendants-Appellees. No. 72--2232. United States Court of Appeals, Ninth Circuit. Feb. 3, 1975. 1 Robert G. Leff (argued), Beverly Hills, Cal., for plaintiff-appellant. 2 Barbara L. Herwig (argued), Washington, D.C., for defendants-appellees. 3 Before BROWNING and GOODWIN, Circuit Judges, and KING, * District Judge. OPINION SAMUEL P. KING, District Judge: 4 Plaintiff-appellant made a claim to reimbursements for the cost of services provided between January 1, 1967, and January 31, 1968, under the Medicare provisions of the Social Security Act, 42 U.S.C. § 1395 et seq. (hereinafter referred to as the Medicare Act). On April 12, 1972, the district court dismissed the case for the second time, 1 finding no jurisdiction to review the administrative determination as to the amount allegedly owed to Highlander, Inc., as a 'provider of services' under the Medicare Act. 2 On April 18, 1972, Proposed…