United States DC Circuit

Summary judgment for defendant on plaintiff's challenge to its determination that coverage for spinal manipulation under Medicare law is not limited to chiropractors is reversed where the district court had no jurisdiction to decide the claim since administrative review was available to plaintiff.

Appellate Information

• Decided 12/13/2005
• Published 12/13/2005

Judges

• Before:  SENTELLE and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• George P. McAndrews argued the cause for appellant.   With him on the briefs were Peter J. McAndrews, Gerald C. Willis, Jr., Joseph F. Harding, Matthew A. Anderson, and Thomas R. Daly.


• For Appellees:
  
• Jeffrey Clair, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Barbara C. Biddle, Attorney.