Winter v. California Medical Review, Inc.

900 F.2d 1322 29 Soc.Sec.Rep.Ser. 339, Medicare&Medicaid Gu 39,017 Benjamin WINTER, M.D., Plaintiff-Appellant, v. CALIFORNIA MEDICAL REVIEW, INC.; Otis R. Bowen, Department of Health & Human Services, and Richard P. Kusserow, Defendants-Appellees. No. 88-6499. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1989. Memorandum Filed Dec. 18, 1989. Opinion Issued As Amended April 13, 1990. David J. Weiss, Myra Staresina, Bonne, Jones, Bridges, Mueller, O'Keefe & Hunt, Joel R. Bennett, Los Angeles, Cal., for plaintiff-appellant. Gregg A. Frampton, Asst. Regional Counsel, Dept. of Health & Human Services, and Barry J. London, Lesley B. Harris, Lillick & Charles, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before NELSON, TROTT and RYMER, Circuit Judges. ORDER This case was originally decided by a memorandum disposition filed on December 18, 1989, 892 F.2d 85 . The memorandum disposition has been amended and is now being published as an Opinion authored by Judge Trott pursuant to Ninth Circuit Rule 36-4. OPINION TROTT, Circuit Judge: 1 Appellant Dr.…