Michigan Academy of Family Physicians v. Blue Cross and Blue Shield of Michigan, No. 81-1202

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Citation751 F.2d 809
Decision Date05 November 1984
PartiesMICHIGAN ACADEMY OF FAMILY PHYSICIANS, et al., Plaintiffs-Appellees, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN and Richard S. Schweiker, Secretary of Health and Human Services, Defendants-Appellants.
Docket NumberNo. 81-1202

Page 809

751 F.2d 809
MICHIGAN ACADEMY OF FAMILY PHYSICIANS, et al., Plaintiffs-Appellees,
v.
BLUE CROSS AND BLUE SHIELD OF MICHIGAN and Richard S.
Schweiker, Secretary of Health and Human Services,
Defendants-Appellants.
No. 81-1202.
United States Court of Appeals,
Sixth Circuit.
Nov. 5, 1984.

Leonard R. Gilman, U.S. Atty., Michele Coleman Mayes, Asst. U.S. Atty., Detroit, Mich., Thomas Stuber, Atty. (argued), Dept. of Health & Human Services, Baltimore, Md., for defendants-appellants.

Alan Gilchrist (argued), Frimet, Bellamy & Gilchrist, Detroit, Mich., for plaintiffs-appellees.

Before: JONES, Circuit Judge; PECK and BROWN, Senior Circuit Judges.

ORDER

This case is before this court on remand from the Supreme Court of the United States. The Supreme Court, after granting certiorari, vacated the judgment of this court and remanded for reconsideration in light of Heckler v. Ringer, --- U.S. ----, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984), which

Page 810

was announced subsequent to the filing of our opinion herein.

We conclude that the principles stated by the Supreme Court in Heckler v. Ringer require us to find that the federal courts lack jurisdiction over the present case, and therefore remand the cause to the United States District Court for the Eastern District of Michigan with instructions to dismiss.

It is so ordered.

Opinion on reconsideration, 6th Cir., 757 F.2d 91.

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4 practice notes
  • NATIONAL COM. TO PRESERVE SOCIAL SEC. v. Bowen, Civ. A. No. 88-0974.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 9 Marzo 1990
    ...the case to the district court for reconsideration in light of Heckler v. Ringer, 466 U.S. 602, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984). 751 F.2d 809. Appellees then petitioned for reconsideration of the Sixth Circuit's remand order and the Court found that federal question jurisdiction exist......
  • Bowen v. Michigan Academy of Family Physicians, No. 85-225
    • United States
    • United States Supreme Court
    • 9 Junio 1986
    ...and Blue Shield of Michigan, 757 F.2d 91 (CA6 1985); Michigan Academy of Family Physicians v. Blue Cross and Blue Shield of Michigan, 751 F.2d 809 (CA6 1984), whereupon we issued the writ on which the judgment is now before us. 474 U.S. 815, 106 S.Ct. 58, 88 L.Ed.2d 47 (1985). 3. See, e.g.,......
  • Miller v. Heckler, No. TY-84-453-CA.
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • 5 Febrero 1985
    ...Michigan, 728 F.2d 326 (6th Cir.1984), vacated and remanded for reconsideration in light of Heckler v. Ringer, 104 S.Ct. 2013, reversed, 751 F.2d 809 (6th Cir.1984); Starnes v. Schweiker, 715 F.2d 134 (4th Cir.1983), vacated and remanded for reconsideration in light of Heckler v. Ringer, 10......
  • Michigan Academy of Family Physicians v. Blue Cross and Blue Shield of Michigan, No. 81-1202
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 19 Marzo 1985
    ...case to the district court for reconsideration in the light of Heckler v. Ringer, 466 U.S. ----, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984). 751 F.2d 809. Appellees thereupon petitioned for reconsideration of our remand order, and it is that petition, accompanied by extensive briefs, which is pr......
4 cases
  • NATIONAL COM. TO PRESERVE SOCIAL SEC. v. Bowen, Civ. A. No. 88-0974.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 9 Marzo 1990
    ...the case to the district court for reconsideration in light of Heckler v. Ringer, 466 U.S. 602, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984). 751 F.2d 809. Appellees then petitioned for reconsideration of the Sixth Circuit's remand order and the Court found that federal question jurisdiction exist......
  • Bowen v. Michigan Academy of Family Physicians, No. 85-225
    • United States
    • United States Supreme Court
    • 9 Junio 1986
    ...and Blue Shield of Michigan, 757 F.2d 91 (CA6 1985); Michigan Academy of Family Physicians v. Blue Cross and Blue Shield of Michigan, 751 F.2d 809 (CA6 1984), whereupon we issued the writ on which the judgment is now before us. 474 U.S. 815, 106 S.Ct. 58, 88 L.Ed.2d 47 (1985). 3. See, e.g.,......
  • Miller v. Heckler, No. TY-84-453-CA.
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • 5 Febrero 1985
    ...Michigan, 728 F.2d 326 (6th Cir.1984), vacated and remanded for reconsideration in light of Heckler v. Ringer, 104 S.Ct. 2013, reversed, 751 F.2d 809 (6th Cir.1984); Starnes v. Schweiker, 715 F.2d 134 (4th Cir.1983), vacated and remanded for reconsideration in light of Heckler v. Ringer, 10......
  • Michigan Academy of Family Physicians v. Blue Cross and Blue Shield of Michigan, No. 81-1202
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 19 Marzo 1985
    ...case to the district court for reconsideration in the light of Heckler v. Ringer, 466 U.S. ----, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984). 751 F.2d 809. Appellees thereupon petitioned for reconsideration of our remand order, and it is that petition, accompanied by extensive briefs, which is pr......

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