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FARKAS v. BLUE CROSS & BLUE SHIELD OF MICHIGAN

No. 92-2377.

24 F.3d 853 (1994)

Neil J. FARKAS, D.O.; Neil J. Farkas, D.O., P.C., Plaintiffs-Appellants, v. BLUE CROSS & BLUE SHIELD OF MICHIGAN; Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1994.

Attorney(s) appearing for the Case

Andrew B. Wachler, Phyllis A. Avery (argued), Detroit, MI, Gordon S. Gold (briefed), Seyburn, Kahn, Ginn, Bess & Howard, Southfield, MI, for Neil J. Farkas, D.O., PC, and Neil J. Farkas, D.O.

Edward W. Fisher, Debra A. Spicer, Detroit, MI, for Blue Cross & Blue Shield of Michigan.

Peter A. Caplan, Asst. U.S. Atty., Detroit, MI (argued and briefed), for Secretary of Health and Human Services.

Before: JONES and BOGGS, Circuit Judges; and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Neil J. Farkas, D.O. and Neil J. Farkas, D.O., P.C. ("Dr. Farkas") appeal the district court's dismissal of their claim against Blue Cross & Blue Shield of Michigan ("BCBSM") and the intervenor, the Secretary of Health and Human Services ("the Secretary"), arising from Dr. Farkas' being placed under Medicare Prepayment Utilization Review ("PPUR"). The district court also vacated the Temporary Restraining Order ("TRO") that it...

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