AVOL v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 88-6067.

883 F.2d 659 (1989)

Milton AVOL, M.D., Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum April 24, 1989.

As Amended June 29, 1989.

Order and Opinion August 21, 1989.


Attorney(s) appearing for the Case

Arthur R. Chenen, Hirschtick, Chenen, Lemon & Curtis, Marina del Ray, Cal., for plaintiff-appellant.

Harry F. McDonagh, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before WRIGHT and FARRIS, Circuit Judges, and SMITH, District Judge.


FARRIS, Circuit Judge:

Milton Avol, M.D. appeals the district court's grant of summary judgment against him in his action challenging the decision of the Secretary of Health and Human Services to exclude him from participation in the Medicare program. 874 F.2d 815. We affirm.

We review de novo the district court's decision granting summary judgment. Miller v. Heckler, 770 F.2d 845, 847 (9th Cir.1985). The Secretary...

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