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HORRAS v. LEAVITT

Nos. 06-2115, 06-2124.

495 F.3d 894 (2007)

Thomas M. HORRAS, Petitioner, v. Michael O. LEAVITT, Secretary, United States Department of Health and Human Services, Respondent. Christine Richards, Petitioner, v. United States Department of Health and Human Services, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner Horras was Dean A. Stowers of Des Moines, IA. Thomas D. Hansen of Des Moines argued on behalf of petitioner Richards.

Counsel who presented argument on behalf of the respondent was Steve Godek of the U.S. Department of Health and Human Services, Washington, DC. Also appearing on the respondent's brief was Laura E. Ellis of HHS, Washington, DC, and Richard L. Richards, AUSA, Des Moines, IA.

Before BYE, RILEY, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Thomas M. Horras is the founder, and former owner, president, and chief operating officer of Hawkeye Health Services, Inc. Christine Richards is Hawkeye's former Director of Finance. As a "home health agency," Hawkeye participated in Medicare and Medicaid. Horras and Richards appeal civil monetary penalties (CMPs), assessments, and exclusions from all federal health care programs, imposed by the Department of Health and Human Services (DHHS...

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