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ANCILLARY AFFILIATED HEALTH SERVICES v. SHALALA

No. 98-1385.

165 F.3d 1069 (1999)

ANCILLARY AFFILIATED HEALTH SERVICES, INCORPORATED, a Wisconsin business corporation, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Department of Health, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 25, 1998.

Opinion January 28, 1999.

Attorney(s) appearing for the Case

Mark D. Olson (argued), Olson & Associates, Chicago, IL, for Plaintiff-Appellant.

Thomas P. Schneider, Office of United States Attorney, Milwaukee, WI, Kevin E. Martens (argued), United States District Court, Eastern District of Wisconsin, WI, for Defendant-Appellee.

Before FLAUM, MANION and ROVNER, Circuit Judges.

MANION, Circuit Judge.

Ancillary Affiliated Health Services ("Ancillary") sought an injunction against the Secretary of Health and Human Services, compelling her to make Medicare reimbursement payments, which the Secretary had ordered withheld because of an overpayment to Ancillary. The district court dismissed the case for lack of jurisdiction, holding that Ancillary was required to exhaust its administrative remedies before it could sue in federal district court...

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