Michigan Academy of Family Physicians v. Blue Cross and Blue Shield of Michigan, 81-1202

Decision Date05 November 1984
Docket NumberNo. 81-1202,81-1202
Citation751 F.2d 809
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.
CourtU.S. Court of Appeals — Sixth Circuit

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 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 cases
  • NATIONAL COM. TO PRESERVE SOCIAL SEC. v. Bowen
    • United States
    • U.S. District Court — District of Columbia
    • March 9, 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
    • United States
    • U.S. Supreme Court
    • June 9, 1986
    ...of Family Physicians v. Blue Cross 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, ......
  • Miller v. Heckler, TY-84-453-CA.
    • United States
    • U.S. District Court — Eastern District of Texas
    • February 5, 1985
    ...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, 104 S.Ct. 26......
  • Michigan Academy of Family Physicians v. Blue Cross and Blue Shield of Michigan
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • March 19, 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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