Rendleman

Rendleman v. Shalala

Good Law
21 F.3d 957·1994 WL 124575
United States Court of Appeals for the Ninth CircuitApril 14, 1994No. 91-35596California3,574 words

Opinion

Lead Opinion

Hall, J.

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. § 1331 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . See Chugach Alaska Corp. v. Lujan, 915 F.2d 454, 457 (9th Cir.1990) (order remanding case to Secretary is final where three criteria met). 1 We reverse and remand the ease to the district court for further proceedings.

I

A

Neal Rendleman participated in the National Health Service Corps (NHSC) Scholarship Program, established by Congress “to address the maldistribution of health care manpower in the United States.” Rendleman v. Bowen, 860 F.2d 1537, 1539 (9th Cir.1988) (“Rendleman I ”). “Under the program, the NHSC grants eligible medical students scholarships covering their educational costs and living expenses.” United States v. Hatcher, 922 F.2d 1402, 1404 (9th Cir.1991) (citing 42 U.S.C. § 245 ((g) (1988)). In return, the scholarship recipient commits to one year of obligated service-for each year of educational support (but not less than two years) to be performed in a health manpower shortage area…

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