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BERNSTEIN v. SULLIVAN

No. 89-9528.

914 F.2d 1395 (1990)

Donald O. BERNSTEIN, Petitioner, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, Respondent.

United States Court of Appeals, Tenth Circuit.

September 18, 1990.

Attorney(s) appearing for the Case

Rodney W. Snow of Dixon & Snow, P.C., Denver, Colo. (Lee D. Foreman and Saskia A. Jordan of Haddon, Morgan & Foreman, P.C., Denver, Colo., with him on the brief), for petitioner-appellant.

Katherine S. Gruenheck (Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., and Anthony J. Steinmeyer, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., with her on the brief), for respondent-appellee.

Before MOORE and McWILLIAMS, Circuit Judges, and BRATTON, Senior District Judge.

McWILLIAMS, Circuit Judge.

This is a petition for review of a final decision of the Secretary of Health and Human Services holding Dr. Donald O. Bernstein, a chiropractor, liable under the Civil Monetary Penalties Law (CMPL) for submitting false claims for Medicare reimbursement. 42 U.S.C. § 1320a-7a. Jurisdiction is based on 42 U.S.C. § 1320a-7a(e).

The Secretary's decision imposed a civil monetary penalty...

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