RANDALL D. WOLCOTT, M.D., P.A. v. SEBELIUS

No. 10-10290.

635 F.3d 757 (2011)

RANDALL D. WOLCOTT, M.D., P.A., Plaintiff-Appellant, v. Kathleen SEBELIUS, in her official capacity as Secretary of Health and Human Services of the United States; Trailblazer Health Enterprises LLC, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 2011.


Attorney(s) appearing for the Case

Jonathan Millea Bye (argued), Lindquist & Vennum, P.L.L.P., Minneapolis, MN, John Phelps LeVick , Christopher Bradley Slayton , Jones, Flygare, Brown & Wharton, P.C., Lubbock, TX, for Plaintiff-Appellant.

Edmond Dante Anderson, III , Asst. Regional Counsel (argued), Dept. of Health & Human Services, Office of General Counsel Region VI, Dallas, TX, Edwin Scott Forst , Lubbock, TX, for Defendants-Appellees.

Before WIENER, GARZA, and PRADO, Circuit Judges.


PRADO, Circuit Judge:

This appeal arises from the district court's dismissal under Rule 12(b) of five claims for mandamus relief brought by Plaintiff-Appellant Randall D. Wolcott, M.D., P.A. ("Wolcott"), a provider of wound-care services. Wolcott is suing Defendant-Appellee Kathleen Sebelius ("Secretary"), in her official capacity as Secretary of Health and Human Services, the agency that administers the Medicare Program, and TrailBlazer Health Enterprises, LLC (...

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