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MAYERS v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 85-3803.

806 F.2d 995 (1986)

William J. MAYERS, D.C. and Patricia M. Mayers, Petitioners, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Eleventh Circuit.

December 22, 1986.

Attorney(s) appearing for the Case

Laurence B. Liebowitz, Liebowitz & Royster, P.C., Elmsford, N.Y., for petitioners.

John C. Hoyle, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, D.C., for respondent.

Before HILL and FAY, Circuit Judges, and MORGAN, Senior Circuit Judge.

HILL, Circuit Judge:

In this appeal from an administrative determination of the Secretary of Health and Human Services the constitutionality of the Civil Monetary Penalties and Assessment Act (CMPAA), 42 U.S.C. § 1320a-7a (1982 & Supp. III 1985) is challenged. We hold this statute to be constitutional on its face and as applied to the petitioner. Petitioner raises several additional challenges to the assessment of a civil penalty by the Administrative Law...

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