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ODELL v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 19-15262.

995 F.3d 718 (2021)

Robert H. ODELL, Jr.; Robert Odell, M.D., Ph.D. Medical Enterprises, A Nevada Corporation, Plaintiffs-Appellees, v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; Xavier Becerra, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 27, 2021.

Attorney(s) appearing for the Case

Sarah Carroll (argued), Michael S. Raab , and Abby C. Wright , Appellate Staff; Nicholas A. Trutanich , United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; Janice L. Hoffman , Associate General Counsel; Susan Maxson Lyons , Deputy Associate General Counsel for Litigation; Brett Bierer , Attorney; United States Department of Health & Human Services, Washington, D.C.; for Defendants-Appellants.

George K. Brew (argued), Law Office of George Brew PLLC, Jacksonville, Florida, for Plaintiffs-Appellees.

Before: Eric D. Miller and Danielle J. Hunsaker, Circuit Judges, and Douglas L. Rayes, District Judge.

OPINION

Dr. Robert H. Odell, Jr., is a Nevada physician who treats patients covered by Medicare. For several years, Odell has been engaged in a dispute with the contractor that administers Medicare in his region. Believing that the contractor was improperly applying...

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