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BANKS v. SECRETARY, DEPT. OF HEALTH & HUMAN SERV'S

No. 22-10072.

38 F.4th 86 (2022)

Edwin R. BANKS, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: June 21, 2022.

Attorney(s) appearing for the Case

David Goroff , Foley & Lardner, LLP, CHICAGO, IL, James Pistorino , James Pistorino, Menlo Park, CA, Robert R. Baugh , Dentons Sirote, PC, Birmingham, AL, Meghan Salvati Cole , Lightfoot Franklin & White, LLC, Birmingham, AL, Roderic G. Steakley , Dentons Sirote, PC, Huntsville, AL, for Plaintiff-Appellant.

Elizabeth Holt , Michael B. Billingsley , John David Saxon, Jr. , Mr., U.S. Attorney's Office, Birmingham, AL, for Defendant-Appellee.

Before Newsom, Marcus, Circuit Judges, and Middlebrooks, District Judge.

In this appeal, we must decide whether Edwin Banks has standing to challenge a denial of Medicare coverage where the costs of his treatment were imposed not on him, but rather on a third-party supplier. The district court determined that Banks hadn't suffered an injury in fact and accordingly dismissed his case for want of...

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