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DOYLE v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 87-1741, 87-1768.

848 F.2d 296 (1988)

Robert DOYLE, M.D., Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant. Robert DOYLE, M.D., Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee. Robert DOYLE, M.D., Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, et al., Defendants, Appellees. Health Care Review, Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 3, 1988.

Attorney(s) appearing for the Case

Michael E. Robinson, Appellate Staff, Civil Div., Dept. of Justice, with whom John F. Cordes, Richard K. Willard, Asst. Atty. Gen., Washington, D.C., and Richard S. Cohen, U.S. Atty., Portland, Me., were on brief, for Secretary of Health and Human Services and Health Care Review, Inc.

Julian L. Sweet with whom Thomas J. Valvano and Berman, Simmons & Goldberg, P.A., Lewiston, Me., were on brief, for Robert Doyle, M.D.

Before BREYER, Circuit Judge, ALDRICH, Senior Circuit Judge, and PETTINE, Senior District Judge.

BREYER, Circuit Judge.

On December 31, 1986, the Inspector General of the Department of Health and Human Services ("HHS") entered an order forbidding Dr. Robert Doyle, the plaintiff in this case, from receiving reimbursement for treatment of Medicare patients for at least five years. In doing so, the Inspector General accepted a recommendation of a Maine peer review organization ("PRO") that he impose this serious sanction because Dr. Doyle "grossly and flagrantly...

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