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LAVAPIES v. BOWEN

No. 88-4034.

883 F.2d 465 (1989)

Nermin D. LAVAPIES, M.D., Plaintiff-Appellant, v. Otis R. BOWEN, M.D., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1989.

Attorney(s) appearing for the Case

Robert M. Gippin (argued), Buckingham, Doolittle & Burroughs, Akron, Ohio, for plaintiff-appellant.

Robert Hanson, Frances L. Pergericht (argued), Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Joseph E. Kane, Asst. U.S. Atty., Columbus, Ohio, Richard Olderman, U.S. Dept. of Justice, Appellate Section, Washington, D.C., for defendants-appellees.

Before MERRITT and NELSON, Circuit Judges; and BROWN, Senior Circuit Judge.

MERRITT, Circuit Judge.

In this Medicare exclusion case arising under § 1156 of the Social Security Act, 42 U.S.C. § 1320c-5, the plaintiff-physician seeks an injunction setting aside her one-year suspension from participation in Medicare, Title XVIII. She challenges the District Court's dismissal of her case on grounds that she failed to exhaust her administrative remedies, and its finding that none of her challenges presented "colorable constitutional...

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