United States v. Louis Anthony Gary, M.D.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LAY, Chief Judge.
This case involves a breach of contract by a participating physician in the National Health Service Corps Scholarship Program, set forth at 42 U.S.C. §§ 254l-254o (1988). The United States appeals (1) the district court’s denial of its motion for summary judgment seeking damages under 42 U.S.C. § 254o from the defaulting physician, Louis Anthony Gary, and (2) the district court’s grant of summary judgment in favor of Dr. Gary, holding that the Secretary of Health and Human Services violated the Administrative Procedure Act (APA) by refusing to permit him to pay off his…
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