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PAINTER v. SHALALA

No. 95-1331.

97 F.3d 1351 (1996)

M. Ray PAINTER, Dr., as named plaintiff on behalf of all those persons similarly situated, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services; United States Department Of Health & Human Services, Defendants-Appellees, The Colorado Medical Society, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 7, 1996.

Attorney(s) appearing for the Case

Martin J. Katz (Daniel E.D. Friesen with him on the brief), Davis, Graham & Stubbs, L.L.C., Denver, CO, for plaintiff-appellant.

Stephanie R. Marcus (Anthony J. Steinmeyer with her on the brief), Department of Justice, Washington, D.C., for defendants-appellees.

William H. ReMine and Robert R. Montgomery of Montgomery, Little & McGrew, P.C., Englewood, CO, for amicus curiae The Colorado Medical Society.

Before HENRY, LOGAN, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff M. Ray Painter, M.D., filed this action for injunctive, mandamus, and declaratory relief against defendants United States Department of Health and Human Services (HHS), and Donna Shalala, Secretary of HHS (the Secretary), arising out of defendants' alleged failure to comply with certain budget neutrality provisions of the Medicare Act. The district court dismissed the action for lack of subject matter jurisdiction. We affirm.

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