U.S. Court of Appeals for the Eleventh Circuit, 1988

Alabama Home Health Care, Inc. v. Heckler

Alabama Home Health Care, Inc. v. Heckler
U.S. Court of Appeals for the Eleventh Circuit · Decided August 8, 1988
711 F.2d 988 (Federal Reporter, Second Series)

Counsel

Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., Henry Goldberg, Baltimore, Md., F. Richard Waitsman, Asst. Regional Atty., Dept, of Health & Human Services, Atlanta, Ga., for defendant-appellant., Stewart, Falkenberry & Whatley, Joe R. Whatley, Jr., Birmingham, Ala., for plaintiff-appellee.

Alabama Home Health Care, Inc. v. Heckler

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Opinion of the Court

BY THE COURT:

On May 25,1983 the Provider Reimbursement Review Board entered its decision in this case. Because the district court may now assume jurisdiction under 42 U.S.C. Sec. 1395oo, the issue of the district court’s jurisdiction under the All Writs Act is moot.

*989The appeal is DISMISSED as moot, the district court’s order, 527 F.Supp. 849, is vacated and the cause remanded to the district court with instructions to dismiss the case as moot.

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