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THORBUS v. BOWEN

No. 87-5503.

848 F.2d 901 (1988)

Ruben THORBUS, M.D., Appellant, v. Otis BOWEN, Secretary, United States Department of Health and Human Services, Richard P. Kusserow, Inspector General, United States Department of Health and Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1988.

Rehearing Denied July 18, 1988.

Attorney(s) appearing for the Case

Robert N. Meals, Atlanta, Ga., for appellant.

Al Jaffe, HHS, Chicago, Ill., for appellee.

Before LAY, Chief Judge, HEANEY and MAGILL, Circuit Judges.

LAY, Chief Judge.

Dr. Ruben Thorbus sought injunctive relief against the Secretary of the United States Department of Health and Human Services (HHS) to bar his exclusion as a participating physician in the Medicare program. He asserts jurisdiction in the district court based on 42 U.S.C. § 405(g) (1982) and 28 U.S.C. §§ 1331, 1361 (1982). The district court1 dismissed the complaint...

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