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Republican voter Bob Heghmann is suing Virginia Republican officials for Congress' failure to repeal and replace ObamaCare.

"I'm basically saying, you don't want to do what you are obligated to do, what you promised to do. Give the money back," Heghmann, a retired Virginia attorney told "Fox & Friends" on Sunday.

"This is not a hissy-fit," Heghmann assured. "I know where the bodies are buried."

Heghmann said that the Centers for Medicare and Medicaid Services are currently putting together a computer-based primary care allocation system for when private health insurance collapses.

"This is our last chance to save private health insurance. This is our last chance to avoid having a computer decide whether we live or die."

The attorney called the Republican ObamaCare talking points a "farce."

"You can repeal and replace ObamaCare in a two-page piece of legislation," the attorney stated. "They refuse to do so."

Since the case is the first of its kind, it may not survive the motion to dismiss, but Heghmann thinks he will be successful.

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