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LEVIN v. CHILDERS

No. 95-6542.

101 F.3d 44 (1996)

Richard LEVIN, Plaintiff-Appellant, v. Masten CHILDERS, II, Medicaid Commissioner and Secretary of the Cabinet for Human Resources, Commonwealth of Kentucky, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1996.

Attorney(s) appearing for the Case

Thomas E. Clay (argued and briefed), Louisville, KY, for Plaintiff-Appellant.

Byron E. Leet (argued and briefed), Jean Winfield Bird, Wyatt, Tarrant & Combs, Louisville, KY, for Defendant-Appellee.

Before: LIVELY and NELSON, Circuit Judges; HACKETT, District Judge.

PER CURIAM.

This is an appeal from an order in which a civil rights action was dismissed under Rule 12(b)(6), Fed.R.Civ.P. The plaintiff, Richard Levin, M.D., claimed that the defendant, Masten Childers, II — Medicaid Commissioner for the Commonwealth of Kentucky and Secretary of the Commonwealth's Human Resources Cabinet — violated Dr. Levin's due process rights in suspending the Doctor's Medicaid payments during an investigation of possibly fraudulent...

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