VARANDANI v. BOWEN

No. 86-2603.

824 F.2d 307 (1987)

Jai K. VARANDANI, Appellee, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Appellant, and The Medical Society of Virginia Review Organization, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1987.

Rehearing Denied September 30, 1987.


Attorney(s) appearing for the Case

Robert V. Zener, Civil Div., Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., John Perry Alderman, U.S. Atty., Roanoke, Va., John F. Cordes, Civil Div., Dept. of Justice, Washington, D.C., on brief), for appellant.

Martin Andrew Donlan, Jr. (Peter M. Mellette, Crews & Hancock, Richmond, Va., on brief), for appellee.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge and BUTZNER, Senior Circuit Judge.


HARRISON L. WINTER, Chief Judge:

Plaintiff, Dr. Jai K. Varandani, brought suit to enjoin the Secretary of Health and Human Services ("the Secretary") from suspending him for one year from receiving reimbursement for services rendered to Medicare patients. Dr. Varandani alleged, inter alia, that the threatened suspension would violate procedural due process and that the statutory standard for suspension is unconstitutionally vague. The district court preliminarily...

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