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KOERPEL v. HECKLER

No. 85-1871.

797 F.2d 858 (1986)

Barry J. KOERPEL, M.D., Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, and Carolyn K. Davis, Administrator, United States Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 1986.

Attorney(s) appearing for the Case

Ronald E. Nehring, of Prince, Yeates & Geldzahler (David K. Broadbent, with him on brief), Salt Lake City, Utah, for plaintiff-appellant.

Jay A. Swope, Asst. U.S. Atty. (Brent D. Ward, U.S. Atty., and Lawrence J. Leigh, Asst. U.S. Atty., with him on brief), Salt Lake City, Utah, for defendants-appellees.

Before BARRETT, LOGAN and BALDOCK, United States Circuit Judges.

BARRETT, Circuit Judge.

Barry J. Koerpel, M.D., (Appellant) appeals from the Memorandum Decision and Order of the District Court for the District of Utah which denied his request for a preliminary injunction. Dr. Koerpel sought the injunction to prevent the Department of Health and Human Services (HHS) from enforcing its decision to exclude him from eligibility for reimbursements under the Medicare program and from publishing notice of its action. As a nephrologist...

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