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MILLSAPS v. SULLIVAN

No. EV 89-20-C.

761 F.Supp. 608 (1990)

Ralph D. MILLSAPS, M.D., Individually and as Designated Representative for John Beavin and Edmond Hollander, and all others similarly situated, Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services and Associated Insurance Companies, Inc., Defendants.

United States District Court, S.D. Indiana, Evansville Division.

January 19, 1990.

Attorney(s) appearing for the Case

Patrick A. Shoulders, Early Arnold & Ziemer, Evansville, Ind., for plaintiffs.

Donald R. Wright, Wright Evans & Daly, Evansville, Ind., and Ann Weinheimer, Jeffrey Hannah, Associated Ins. Companies, Indianapolis, Ind., for Associated Ins. Companies, Inc.

Sue Hendricks Bailey, Asst. U.S. Atty., Indianapolis, Ind., and Thomas M. Jackson, Asst. Regional Counsel, Chicago, Ill., for Secretary of Dept. of Health and Human Services and the U.S.

MEMORANDUM

BROOKS, Chief Judge.

This matter comes before the Court upon defendant, Louis Sullivan, M.D., the Secretary of Health and Human Services', Motion to Dismiss.

The plaintiff, Ralph Millsaps, M.D., is a cardiologist in Evansville, Indiana, who performs precutaneous transluminal coronary angioplasties ("PTCA") on Medicare patients. Medicare Part B enrollees John Beavin and Edmond Hollander are patients of Dr. Millsaps and both received the...

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