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STERN v. SHALALA

No. 768, Docket 93-4100.

14 F.3d 148 (1994)

Timothy L. STERN, Petitioner, v. Donna E. SHALALA, Secretary of the United States Department of Health and Human Services, and Bryan B. Mitchell, Principal Deputy Inspector General, Respondents.

United States Court of Appeals, Second Circuit.

Decided January 11, 1994.

Attorney(s) appearing for the Case

Arthur L. Stern, III, Tallahassee, FL, for petitioner.

John C. Hoyle, Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC (Frank W. Hunger, Asst. Atty. Gen. and Anthony J. Steinmeyer, on the brief), for respondents.

Before: NEWMAN, Chief Judge, OAKES and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This petition for review challenges, on various grounds, civil assessments and penalties imposed upon a doctor by the Department of Health and Human Services ("HHS") for submitting fraudulent Medicare claims. Dr. Timothy L. Stern petitions for review of the March 16, 1993, decision of the HHS Departmental Appeals Board finding him liable under the Civil Monetary Penalties Law ("CMPL"), 42 U.S.C. § 1320a-7a (1988 & Supp. III 1991...

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