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    United States v. Mountain Health Care, 4th Cir. (2004)

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    This document summarizes an unpublished appellate court decision dismissing an appeal for lack of standing. Specifically: - The appeal arose from a civil antitrust case brought by the government against Mountain Health Care, P.A., which resulted in Mountain Health Care's dissolution. - S.M. Oliva, who was granted leave to intervene for purposes of appeal, challenged the government's compliance with the Antitrust Procedures and Penalties Act but did not challenge the final judgment's terms. - The court found that Oliva failed to show they suffered a concrete, particularized legal injury rather than a generalized public interest concern, so Oliva lacked standing to bring the appeal. The appeal was therefore dismissed for

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    United States v. Mountain Health Care, 4th Cir. (2004)

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    This document summarizes an unpublished appellate court decision dismissing an appeal for lack of standing. Specifically: - The appeal arose from a civil antitrust case brought by the government against Mountain Health Care, P.A., which resulted in Mountain Health Care's dissolution. - S.M. Oliva, who was granted leave to intervene for purposes of appeal, challenged the government's compliance with the Antitrust Procedures and Penalties Act but did not challenge the final judgment's terms. - The court found that Oliva failed to show they suffered a concrete, particularized legal injury rather than a generalized public interest concern, so Oliva lacked standing to bring the appeal. The appeal was therefore dismissed for

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    Filed: 2004-05-03 Precedential Status: Non-Precedential Docket: 03-2415

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    This document summarizes an unpublished appellate court decision dismissing an appeal for lack of standing. Specifically: - The appeal arose from a civil antitrust case brought by the government against Mountain Health Care, P.A., which resulted in Mountain Health Care's dissolution. - S.M. Oliva, who was granted leave to intervene for purposes of appeal, challenged the government's compliance with the Antitrust Procedures and Penalties Act but did not challenge the final judgment's terms. - The court found that Oliva failed to show they suffered a concrete, particularized legal injury rather than a generalized public interest concern, so Oliva lacked standing to bring the appeal. The appeal was therefore dismissed for

    Copyright:

    Public Domain
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    6 views2 pages

    United States v. Mountain Health Care, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished appellate court decision dismissing an appeal for lack of standing. Specifically: - The appeal arose from a civil antitrust case brought by the government against Mountain Health Care, P.A., which resulted in Mountain Health Care's dissolution. - S.M. Oliva, who was granted leave to intervene for purposes of appeal, challenged the government's compliance with the Antitrust Procedures and Penalties Act but did not challenge the final judgment's terms. - The court found that Oliva failed to show they suffered a concrete, particularized legal injury rather than a generalized public interest concern, so Oliva lacked standing to bring the appeal. The appeal was therefore dismissed for

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-2415

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    S. M. OLIVA,
    Party in Interest - Appellant,
    versus
    MOUNTAIN HEALTH CARE, P.A.,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville. Graham C. Mullen, Chief
    District Judge. (CA-02-288-1)

    Submitted:

    March 31, 2004

    Decided:

    May 3, 2004

    Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    S. M. Oliva, Appellant Pro Se.


    Catherine Griffith OSullivan,
    Steven Jeffrey Mintz, U. S. DEPARTMENT OF JUSTICE, Washington,
    D.C., for Appellee United States.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    This appeal arises from the Governments civil antitrust
    complaint against Mountain Health Care, P.A. That case resulted in
    the dissolution of Mountain Health Care.

    The district court

    granted Oliva leave to intervene for purposes of appeal.


    challenges

    the

    Governments

    compliance

    with

    the

    Oliva

    Antitrust

    Procedures and Penalties Act, 15 U.S.C. 16(b)-(h) (2000) (the


    Tunney Act), but he does not challenge the terms of the final
    judgment itself.
    We conclude Oliva has not shown he has suffered an
    invasion of a legally protected interest that is both concrete and
    particularized, rather than an interest shared by the public at
    large.

    See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560

    (1992).

    Accordingly, he cannot establish that he has standing to

    bring this appeal.

    We therefore dismiss the appeal for lack of

    jurisdiction. We dispense with oral argument because the facts and


    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.

    DISMISSED

    - 2 -

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