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DEMBY v. SCHWEIKER

No. 81-1862.

671 F.2d 507 (1981)

Neal DEMBY, et al. v. Richard S. SCHWEIKER, in his capacity as Secretary of the Department of Health and Human Resources, et al., American Academy of Family Physicians, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided and Amended December 15, 1981.

Attorney(s) appearing for the Case

Stephen E. Lawton, Washington, D. C., with whom Judith L. Harris, Jack N. Goodman and Elizabeth B. Carder, Washington, D. C., were on the brief for appellants. Eugene Tillman, Washington, D. C., also entered an appearance for appellants.

James D. Miller, Washington, D. C., with whom George S. Branch, Washington, D. C., was on the brief for appellees, Demby, et al.

Charles F. C. Ruff, U. S. Atty., Royce C. Lamberth, Kenneth M. Raisler, Scott T. Kragie and Whitney Adams, Asst. U. S. Attys., Washington, D. C., were on the brief for appellees, Schweiker, et al.

Before WRIGHT, MacKINNON and WALD, Circuit Judges.

Opinion announcing the judgment of the court filed by Circuit Judge MacKINNON.

Opinion concurring specially filed by Circuit Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge WALD.

MacKINNON, Circuit Judge:

This case finds doctors pitted against dentists in a contest over their respective entitlements under section 786 of the Public Health Service Act, 42 U.S.C. § 295g-6 (1976). The impetus for this litigation was provided...

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