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GUZZO v. THOMPSON

No. 03-1346.

393 F.3d 652 (2004)

Anthony GUZZO, Plaintiff-Appellant, v. Thomas G. THOMPSON, Secretary of State of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 25, 2004.

Attorney(s) appearing for the Case

ARGUED: Ryan D. Heilman, Joseph K. Grekin, Schafer and Weiner, Bloomfield Hills, Michigan, for Appellant. Elizabeth Larin, Assistant United States Attorney, Detroit, Michigan, for Appellee. Sally Hart, Center for Medicare Advocacy, Tucson, Arizona, for Amici Curiae. ON BRIEF: Joseph K. Grekin, Schafer and Weiner, Bloomfield Hills, Michigan, for Appellant. Sally Hart, Center for Medicare Advocacy, Tucson, Arizona, Sarah L. Lock, American Association of Retired Persons, Washington, D.C., for Amici Curiae.

Before: COLE and COOK, Circuit Judges; SPIEGEL, Senior District Judge.

OPINION

SPIEGEL, Senior District Judge.

Plaintiff-Appellant, Anthony Guzzo, appeals from the district court's grant of summary judgment in favor of Defendant-Appellee, the Secretary of Health and Human Services (the "Secretary"), upholding the Secretary's decision to deny Guzzo Medicare reimbursement for cryosurgery, a medical treatment he underwent for prostate cancer. For the following reasons, we REVERSE the judgment of the district court...

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