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COSTA v. LEAVITT

No. 4:05CV3248.

442 F.Supp.2d 754 (2006)

Christopher COSTA, M.D., Plaintiff, v. Michael O. LEAVITT, Secretary, U.S. Department of Health and Human Services, and his Successors; United States Department of Health and Human Services; and the National Practitioner Data Bank, an Entity of and Run by the U.S. Department of Health and Human Services, Defendants.

United States District Court, D. Nebraska.

July 26, 2006.

Attorney(s) appearing for the Case

Sally A. Rasmussen, Knudsen, Berkheimer Law Firm, Lincoln, NE, for Plaintiff.

Duane N. Bruce, Department of Health & Human Services, Kansas City, MO, Paul D. Boeshart, Assistant United States Attorney, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

KOPF, District Judge.

This is an action under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq., for judicial review of a final decision issued by the Secretary of the United States Department of Health and Human Services ("HHS") on August 24, 2005, denying the plaintiff's request that the Secretary void an adverse action report concerning him that was filed with the National Practitioner Data Bank on April...

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