Rendleman v. Shalala

21 F.3d 957 90 Ed. Law Rep. 1018 Neal RENDLEMAN, M.D., Plaintiff-Appellee, v. Donna SHALALA, Secretary of United States Department of Health and Human Services; * Edward Martin, Director, Bureau of Health Care Delivery and Assistance; James H. Daugherty, Director, Division of Health Services Scholarships et al., Defendants-Appellants. No. 91-35596. United States Court of Appeals, Ninth Circuit. Submitted Aug. 10, 1993. ** Decided April 14, 1994. John F. Daly, Department of Justice, Washington, DC, for plaintiff-appellants. Jonathan M. Hoffman, Martin, Bischoff, Templeton, Langslet & Hoffman, Portland, OR, for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before WALLACE, Chief Circuit Judge, SKOPIL and HALL, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 Defendants-appellants, the Secretary of Health and Human Services, et al., appeal the district court's decision to remand this action to the Secretary. The district court exercised jurisdiction pursuant to 28 U.S.C. Sec. 1331 . We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . See Chugach Alaska Corp. v. Lujan, 915 F.2d 454, 457 (9th Cir.1990) (order remanding case to…