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AMERICAN LITHOTRIPSY SOC. v. THOMPSON

No. 01-CV-1812.

215 F.Supp.2d 23 (2002)

AMERICAN LITHOTRIPSY SOCIETY and Urology Society of America, Plaintiff, v. Tommy G. THOMPSON, Defendant.

United States District Court, District of Columbia.

July 12, 2002.

Attorney(s) appearing for the Case

Gordon Alan Coffee, Winston & Strawn, Washington, DC, for Plaintiff.

Mark E. Nagle, U.S. Attorney's Office, Sonia M. Orfield, U.S. Department of Health and Human Services, Sonia M. Orfield, U.S. Department of Health and Human Services, Washington, DC, for Defendant.

MEMORANDUM OPINION

KENNEDY, District Judge.

Plaintiffs American Lithotripsy Society ("ALS") and Urology Society of America ("USA") bring this action against defendant Centers for Medicare and Medicaid Services ("CMMS") contending that two regulations promulgated by defendant are unlawful as they apply to a medical procedure known as lithotripsy. Plaintiffs contend that the regulations violate the Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (...

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