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MANOCCHIO v. KUSSEROW

No. 91-5665.

961 F.2d 1539 (1992)

Dr. Val MANOCCHIO, Plaintiff-Appellant, v. Richard P. KUSSEROW, Louis W. Sullivan, M.D., Secretary, Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 2, 1992.

Attorney(s) appearing for the Case

Richard G. Garrett, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Holly R. Skolnick, Miami, Fla., for plaintiff-appellant.

Christine N. Kohl, Appellate Staff, Civil Div., Dept. of Justice, Douglas N. Letter, Washington, D.C., for defendants-appellees.

Before HATCHETT, Circuit Judge, JOHNSON and HENDERSON, Senior Circuit Judges.

HATCHETT, Circuit Judge:

We affirm the district court's ruling that 42 U.S.C. § 1320a-7, a mandatory exclusionary provision, is not punitive in nature thereby violating the Double Jeopardy and Ex Post Facto Clauses of the United States Constitution. 768 F.Supp. 814.

I. FACTS AND PROCEDURAL HISTORY

Val Manocchio, a medical doctor, is licensed to practice medicine in the state of Florida. For approximately...

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