Court of Claims, 1982

Southeastern Medical Laboratories, Inc. v. United States

Southeastern Medical Laboratories, Inc. v. United States
Court of Claims · Decided July 9, 1982 · Bennett, Kashiwa, Nichols
231 Ct. Cl. 793; 1982 WL 25228

Counsel

William A. Meadows, Jr., attorney of record, for plaintiffs., Frank M. Rapoport, with whom was Assistant Attorney General J. Paul McGrath, for defendant.

Southeastern Medical Laboratories, Inc. v. United States

Opinion of the Court

This action is brought to recover payments under Part B of the Medicare Act, 42 U.S.C. § 1395 (1976).

Defendant’s motion to dismiss is granted on the authority of United States v. Erika, Inc., 456 U.S. 201 (1982), where the Supreme Court held that the court lacks jurisdiction of Part B claims.

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