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LEAL v. SECRETARY, U.S. DEPT. OF H.H.S.

No. 09-15727.

620 F.3d 1280 (2010)

Jorge J. LEAL, Jorge J. Leal, M.D., Plaintiff-Appellant, v. SECRETARY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, and his Successors, United States Department of Health and Human Services, National Practitioner Data Bank, an Entity of and Run by the U.S. Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 22, 2010.

Attorney(s) appearing for the Case

Sally A. Rasmussen , Lincoln, NE, for Plaintiff-Appellant.

Michelle Thresher Taylor , Tampa, FL, for Defendants-Appellees.

Before EDMONDSON and CARNES, Circuit Judges, and GOLDBERG, Judge.

CARNES, Circuit Judge:

One day Dr. Jorge J. Leal, a urological clinician and surgeon, was waiting for the operating room at Cape Canaveral Hospital in Cocoa Beach, Florida to become available. It was, as the doctor would later describe it, "a very long day." And not a good one for him. Instead, it appears that, like Alexander in the classic children's story, Dr. Leal was having "a terrible, horrible, no good, very bad day."1 And at around...

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