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WHITNEY v. HECKLER

No. 85-8129.

780 F.2d 963 (1986)

Douglass G. WHITNEY, M.D., W.D. Jordan, M.D., and Fred Shessel, M.D., Plaintiffs-Appellants, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 22, 1986.

Attorney(s) appearing for the Case

Kent Masterson Brown, Lexington, Ky., Henry Angel, Michael Jablonski, Atlanta, Ga., for plaintiffs-appellants.

Anthony J. Steinmeyer, Douglas Letter, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before RONEY and ANDERSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

ANDERSON, Circuit Judge:

Douglass G. Whitney, M.D., W.D. Jordan, M.D., and Fred Shessel, M.D. ("appellants") appeal from the judgment of the district court upholding the constitutionality of certain provisions of § 2306 of the Deficit Reduction Act of 1984, 42 U.S.C.A. § 1395u(b)(4), (h)-(j) (West Supp.1985). See Whitney v. Heckler, 603 F.Supp. 821 (N.D.Ga.1985). Appellants make two primary arguments on appeal...

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