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DIRKSEN v. UNITED STATES D. OF HEALTH & HUMAN SERV.

No. 85-2771.

803 F.2d 1456 (1986)

Lawrence J. DIRKSEN, M.D., John S. Wilson, M.D., Joseph A. Hewitt, M.D., Charles H. Eid, M.D., Robert J. Blahut, M.D., Malcolm C. Hill, M.D., Leon G. Kaseff, M.D., Richard A. Nelson, M.D., a partnership, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Health Care Financing Administration; James L. Scott, individually and as Acting Deputy Administrator for Health Care Financing Administration; Dennis F. Siebert, individually and as Director, Office of Public Affairs, Health Care Financing Administration, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1986.

Attorney(s) appearing for the Case

Kathleen Hayes, Jensen, Rust & Doyle, San Francisco, Cal., for plaintiffs-appellants.

Sandra L. Willis, Asst. U.S. Atty., San Francisco, Cal., for defendants-appellees.

Before SNEED, FARRIS, and FERGUSON, Circuit Judges.

SNEED, Circuit Judge:

Appellant Lawrence J. Dirksen, M.D., and his medical group (Dirksen) appeal from a district court order granting the Department of Health and Human Services' (DHHS) motion for summary judgment and dismissing his complaint brought under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

The Department of Health and Human Services administers the Medicare program through...

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