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GIESSE v. SECRETARY, DEPT., HEALTH & HUMAN SERVS.

No. 06-4497.

522 F.3d 697 (2008)

Raymond H. GIESSE, Plaintiff-Appellant, v. SECRETARY OF The DEPARTMENT OF HEALTH AND HUMAN SERVICES; Departmental Appeals Board, Medicare Appeals Council; Kaiser Permanente Health Plan of Ohio; Maximus Center for Health Dispute Resolution; Jeannie Christiansen, Kaiser Permanente Health Plan of Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 23, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Stephen D. Hartman, Craig R. Giesze, Kerger & Associates, Toledo, Ohio, for Appellant. Betty J. Konen, Assistant United States Attorney, Cleveland, Ohio, C. Douglas Ferguson, Special Assistant United States Attorney, Chicago, IL, Anne Marie Sferra, Sarah E. Hurst, Bricker & Eckler, Columbus, Ohio, Barbara J. Leukart, Jones Day, Cleveland, Ohio, Jane F. Warner, Murray K. Lenson, Ulmer & Berne, Cleveland, Ohio, Dennis R. Fogarty, Davis & Young, Cleveland, Ohio, for Appellees.

GRIFFIN, J., delivered the opinion of the court. MERRITT, J. (p. 708), delivered a separate concurring opinion. COLE, J. (pp. 709-10), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

Plaintiff-appellant Raymond Giesse appeals the district court's grant of two motions to dismiss for lack of subject matter jurisdiction after he filed a suit seeking damages subsequent to an alleged wrongful termination of medical care. Plaintiff argues that the district court had jurisdiction over his claims because he has a vested "property interest" in the receipt of Medicare benefits, and that the termination of these...

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