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DOYLE v. BOWEN

Civ. No. 87-0016 P.

660 F.Supp. 1484 (1987)

Robert DOYLE, M.D., Plaintiff, v. Otis R. BOWEN, M.D., Secretary, United States Department of Health and Human Services, and Richard P. Kusserow, Inspector General, United States Department of Health and Human Services, and Health Care Review, Inc., and John Wakefield, Acting Commissioner, State of Maine Department of Human Services, Defendants.

United States District Court, D. Maine.

May 22, 1987.

Attorney(s) appearing for the Case

Julian L. Sweet, Thomas J. Valvano, Lewiston, Me., for plaintiff.

David R. Collins, Asst. U.S. Atty., Portland, Me., Clifford Pierce, Office of Regional Counsel, Health and Human Services, Boston, Mass., for defendants Bowen and Kusserow.

Richard G. Bergeron, E. Anne C. Catlin, Asst. Attys. Gen., Augusta, Me., for defendant Ives.

Jerrol Crouter, Drummond & Woodsum, Portland, Me., for defendant Health Care.

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

I.

Plaintiff Robert Doyle, M.D., is a general surgeon who has practiced in Bridgton, Maine since 1973. Approximately fifty percent of Dr. Doyle's income is derived from treating Medicare and Medicaid patients. On September 5, 1986, Health Care Review, Inc. ("HCRI"), the Medicare peer review organization for the State of Maine, issued a report in which it found that Dr. Doyle had on three...

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