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Cassim v. Bowen

United States Court of Appeals for the Ninth Circuit

824 F.2d 791 (1987)

Relevant factsFree

Physician Cassim (plaintiff) sought a preliminary injunction against HHS Secretary Bowen (defendant) to block his Medicare suspension and its public notice pending a full evidentiary hearing, after HHS alleged he performed unnecessary surgery on elderly patients, endangering their health; the district court denied the preliminary injunction, and Cassim appealed.

IssueFree

Whether a plaintiff may obtain a preliminary injunction when the balance of hardships resulting from the injunction tips against the plaintiff, even though the plaintiff faces serious injury without it.

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