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CORKILL v. SHALALA

No. 95-16148.

109 F.3d 1348 (1997)

Anthony G. CORKILL, M.D., Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed December 9, 1996.

Order and Opinion Filed March 26, 1997.

Attorney(s) appearing for the Case

James F. Geary and Stephen C. Ruehmann, Hunter, DiBenedetto & Brewer, Sacramento, California; Margaret M. Manning, Margolis & Manning, Santa Monica, California, for plaintiff-appellant.

Edmund F. Brennan, Assistant United States Attorney, Sacramento, California, for defendant-appellee.

Before: SKOPIL and FLETCHER, Circuit Judges, and RHOADES, District Judge.

ORDER

The Memorandum Disposition filed December 9, 1996 is redesignated as a published Opinion.

OPINION

RHOADES, District Judge:

The Secretary of the Department of Health and Human Services sanctioned Plaintiff/Appellant Anthony G. Corkill, M.D. ("Corkill"), for violations of 42 U.S.C. § 1320c-5 with the penalty of three years exclusion from the Medicare reimbursement program. Corkill appealed...

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