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WINTER v. CALIFORNIA MEDICAL REVIEW, INC.

No. 88-6499.

900 F.2d 1322 (1990)

Benjamin WINTER, M.D., Plaintiff-Appellant, v. CALIFORNIA MEDICAL REVIEW, INC.; Otis R. Bowen, Department of Health & Human Services, and Richard P. Kusserow. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed December 18, 1989.

Opinion Issued As Amended April 13, 1990.

Attorney(s) appearing for the Case

David J. Weiss, Myra Staresina, Bonne, Jones, Bridges, Mueller, O'Keefe & Hunt, Joel R. Bennett, Los Angeles, Cal., for plaintiff-appellant.

Gregg A. Frampton, Asst. Regional Counsel, Dept. of Health & Human Services, and Barry J. London, Lesley B. Harris, Lillick & Charles, San Francisco, Cal., for defendants-appellees.

Before NELSON, TROTT and RYMER, Circuit Judges.

ORDER

This case was originally decided by a memorandum disposition filed on December 18, 1989, 892 F.2d 85. The memorandum disposition has been amended and is now being published as an Opinion authored by Judge Trott pursuant to Ninth Circuit Rule 36-4.

OPINION

TROTT, Circuit Judge:

Appellant Dr. Benjamin Winter claims that appellee California Medical Review, Inc. (CMRI), a peer review organization

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