COLLEGE OF AMERICAN PATHOLOGISTS, et al., Appellants,
v.
Margaret M. HECKLER, Secretary, Department of Health & Human Services, Appellee.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 27, 1984.
Decided May 11, 1984.
Attorney(s) appearing for the Case
Jack R. Bierig, Chicago, Ill., with whom Benjamin W. Heineman, Jr., Washington, D.C., was on the brief, for appellants.
David B. Palmer, Atty. Dept. of Health & Human Services, Washington, D.C., with whom Juan A. Del Real, Gen. Counsel, Dept. of Health & Human Services, Washington, D.C., was on the brief, for appellee. Royce C. Lamberth, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.
Nathalie P. Gilfoyle, Washington, D.C., with whom Timothy J. Waters and Jeffrey N. Martin, Washington, D.C., were on the brief for amicus curiae, The American Soc. for Medical Technology, urging affirmance.
Douglas R. Carlson, Chicago, Ill., was on the brief for amicus curiae, American Medical Ass'n, urging reversal.
Thomas L. O'Brien, Chicago, Ill., was on the brief for amicus curiae, American Bd. of Pathology, urging reversal.
Robert L. McCarty and Michael N. McCarty, Washington, D.C., were on the brief for amicus curiae, American Medical Technologists, urging affirmance.
Jeffrey P. Altman, Washington, D.C., was on the brief for amicus curiae, American Soc. of Clinical Pathologists, urging reversal.
Before WALD and MIKVA, Circuit Judges, and BAZELON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
Appellants, a professional organization of pathologists and three individual pathologists, challenge regulations promulgated by the Department of Health and Human Services (HHS) that establish, inter alia, the qualifications for Medicare reimbursement for services rendered by clinical pathologists in hospital laboratories. The district court refused to enjoin the regulations and...
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