WEBB v. SHALALA

No. Civ. 98-3075.

49 F.Supp.2d 1114 (1999)

E. Russell WEBB, M.D., 000-65-1435, Plaintiff, v. Donna E. SHALALA, in her Official Capacity as Secretary of Health and Human Services, Defendant.

United States District Court, W.D. Arkansas, Harrison Division.

May 19, 1999.


Attorney(s) appearing for the Case

Charles D. Davidson, Davidson Law Firm, Ltd., Little Rock, AR, for plaintiff.

Matt W. Fleming, Asst. U.S. Attorney, Fort Smith, AR, for defendant.


MEMORANDUM OPINION

H. FRANKLIN WATERS, Senior District Judge.

This case is before the court for review of the decision of the Secretary of Health and Human Services that E. Russell Webb, M. D., had received overpayments under Medicare for certain laboratory services. Review of the Secretary's underlying decision is governed by 42 U.S.C. § 1395oo(f)(1), which incorporates the standard of review of the Administrative Procedure Act (APA)...

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