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O'CONNOR v. MAYOR AND CITY COUNCIL OF BALTIMORE

Civil No. JFM-06-704.

494 F.Supp.2d 372 (2007)

John J. O'CONNOR v. MAYOR AND CITY COUNCIL OF BALTIMORE.

United States District Court, D. Maryland.

July 19, 2007.

Attorney(s) appearing for the Case

Richard P. Neuworth, Lebau and Neuworth PA, William Beveridge, Jr., Baltimore, MD, for John J. O'Connor.

Leslie W. Gawlik, Rollins Smalkin Richards and Mackie LLC, Robert D. Anbinder, Baltimore City Law Department, Baltimore, MD, for Mayor and City Council of Baltimore.

MEMORANDUM

MOTZ, District Judge.

John J. O'Connor ("O'Connor") filed this action against the Mayor and City Council of Baltimore ("the City") pursuant to the private enforcement provision of the Medicare Secondary Payer ("MSP") statute, 42 U.S.C. § 1395y(b)(3)(A). Now pending before me is the City's motion to dismiss. For the reasons that follow, the motion is denied.

I.

Over the course of his thirty-year career with the Baltimore...

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