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CENTER FOR DERMATOLOGY AND SKIN CANCER v. BURWELL

No. 14-1934.

770 F.3d 586 (2014)

CENTER FOR DERMATOLOGY AND SKIN CANCER, LTD., et al., Plaintiffs-Appellants, v. Sylvia Mathews BURWELL, Secretary of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 2014.

Attorney(s) appearing for the Case

David A. Golin , Arnstein & Lehr LLP, Chicago, IL, for Plaintiffs-Appellants.

Lucy C. Lisiecki , Department of Health and Human Services, Office of the Chief Counsel, Region V, Chicago, IL, Abigail L. Peluso , Office of the United States Attorney, Chicago, IL, for Defendants-Appellees.

Before BAUER, MANION, and KANNE, Circuit Judges.

MANION, Circuit Judge.

Robert V. Kolbusz, M.D., is a practicing dermatologist who was indicted for Medicare fraud. After the indictment was returned, the Secretary for the Department of Health and Human Services ceased automatically processing his claims for Medicare reimbursement. During the pretrial preparation of his defense in the criminal proceeding, Dr. Kolbusz brought this mandamus action on behalf of himself, his medical corporation, and three patients, seeking...

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