# Rendleman v. Bowen

> Court of Appeals for the Ninth Circuit · November 16, 1988 · 860 F.2d 1537

URL: https://www.frixlaw.com/law-library/cases/8964025

## Case

- **Full name:** Neal RENDLEMAN, M.D. v. Otis R. BOWEN, M.D., Secretary of the United States Department of Health and Human Services Edward F. Martin, Director, Bureau of Health Care Delivery and Assistance James H. Daugherty, Director, Division of Health Services Scholarships, Bureau of Health Care Delivery and Assistance Kenneth Moritsugu, Chief, National Health Services Corps and United States of America, Defendant-Intervenor-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** November 16, 1988
- **Citations:** 860 F.2d 1537; 1988 WL 121149
- **Precedential status:** Published
- **Opinion:** Concurrence by Skopil
- **Judges:** Hall, Skopil, Wallace
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8964025

## How later opinions describe it (automated extraction)

- holding ’’[s]tatutory intent, therefore, is more relevant to the interpretation of these conditions than are common law contract principles”

## Opinion text

SKOPIL, Circuit Judge,
concurring:
I concur in the court’s decision. I write separately only to express my opinion that this case should be remanded to the agency for its limited consideration of a waiver pursuant to section 254o (c)(3).
We properly conclude that Rendleman breached his contract. We also note, however, that he established a medical clinic in a poverty area of Portland that was eventually designated as an HMSA. This circumstance apparently led the district court to conclude that Rendleman’s service at the Eastside Community Clinic, although technically not in compliance with the NHSC contract, nevertheless fulfilled Rendleman’s obligations under the Act. Rendleman v. Heckler, 653 F.Supp. 316, 320 (D.Or.1986).
The record does not indicate that the agency has considered crediting Rendleman with his service at the Eastside Community Clinic by waiving all or part of his obligation. I would include in our remand order a direction to the district court to return this case to the agency for that limited determination.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8964025. Public record. Not legal advice.