Klein

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.

By way of background, this controversy over reimbursement for services allegedly rendered under Part B of the Medicare program 1 (1) began with medical services and billing events that occurred twenty years ago in the early 1970’s; (2) resulted in an indictment of the appellants fifteen years ago in 1977 for conspiring to submit false claims — they were acquitted; (3) surfaced civilly eleven years ago with a complaint filed by appellants in the district court in 1981 in which they sought to recover the money they had been acquitted of allegedly trying to steal; (4) came to us on appeal in 1985 from a ruling they had not exhausted administrative remedies; (5) was remanded seven years ago for an administrative hearing only to disappear for four years into a federal bureaucracy that failed to comply with the court’s order to schedule a hearing; and (6) comes to us…