Klein v. Sullivan

978 F.2d 520 Medicare & Medicaid Guide P 40,868 Arvin J. KLEIN, M.D., and Alvarado Internal Medical Group, Inc., Plaintiffs-Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 91-55392. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 21, 1992. Decided Oct. 27, 1992. Robert Hoad, San Diego, Cal., for plaintiffs-appellants. Jerry J. Bassett, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., John R. Neece, Asst. U.S. Atty., San Diego, Cal., for defendant-appellee. Appeal from the United States District Court for the Southern District of California. Before: NORRIS, REINHARDT, and TROTT, Circuit Judges. TROTT, Circuit Judge: 1 This case makes our "rule of law" method of resolving disputes look more like a degenerative disease than a rational process. The facts and circumstances behind the current appeal are found in Klein v. Heckler, 761 F.2d 1304 (9th Cir.1985) ("Klein I"). This second appeal is a disappointing sequel to an unresolved Klein I. 2 By way of background, this controversy over reimbursement for services allegedly rendered under Part B of the Medicare program 1…