Ringer v. Schweiker

684 F.2d 643 Freeman H. RINGER, Sanford Holmes, Norman R. Webster-Zeiber, and Jean Vescio, individually and on behalf of all other persons similarly situated, and Benjamin Winter, M.D., Plaintiffs-Appellants, v. Richard S. SCHWEIKER, * in his official capacity as the Secretary of the United States Department of Health and Human Services, Defendant-Appellee. No. 81-5413. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1982. Decided Aug. 19, 1982. Malcolm J. Harkins, III, Casson, Calligaro & Mutryn, Washington, D. C., for plaintiffs-appellants. Howard Gest, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court For the Central District of California. Before NELSON and REINHARDT, Circuit Judges, and EAST, ** Senior District Judge. OPINION NELSON, Circuit Judge: 1 The above named plaintiffs, except Benjamin Winter, M.D., (Ringer Group) and the proposed class are allegedly qualified participants in the Medicare program and appeal the order dismissing their action for want of subject matter jurisdiction entered by the district court on February 17, 1981. 2 Timely notice of appeal was filed. We note…