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MANAKEE PROFESSIONAL MED. TRANS. SERV. v. SHALALA

No. 94-6274.

71 F.3d 574 (1995)

MANAKEE PROFESSIONAL MEDICAL TRANSFER SERVICE, INC.; Con-Care Medical Transport; Action Delivery Service, doing business as Medical Transportation Service, Plaintiffs-Appellants, v. Donna E. SHALALA, in her capacity as Secretary of the Health and Human Services; Bruce Vladek, in his capacity as Administrator, Health Care Financing Administration; Clarence J. Boone, in his capacity as Region IV Administrator, Health Care Financing Administration; and Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 12, 1995.

Attorney(s) appearing for the Case

Bruce F. Clark, Stites & Harbison, Frankfort, KY, Bonnie C. Kittinger (argued and briefed), Stites & Harbison, Lexington, KY, for Manakee Professional Medical Transfer Service, Inc., Con-Care Medical Transport and Action Delivery Service.

Dana J. Petti (argued and briefed), Social Security Admin. Office of General Counsel, Atlanta, GA, for Donna E. Shalala, Bruce Vladek, Clarence J. Boone and Health Care Financing Admin.

Before: CONTIE, MILBURN, and NORRIS, Circuit Judges.

CONTIE, Circuit Judge.

Plaintiffs-appellants, Manakee Professional Medical Transfer Service, Inc., Con-Care Medical Transport, and Action Delivery Service, doing business as Medical Transportation Service [hereinafter, "plaintiffs" or "the companies"] appeal the order of the district court dismissing, for failure to exhaust administrative remedies, their complaint against defendants-appellees, Donna E. Shalala, in her capacity as Secretary of Health and Human Services...

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