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JAMES v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 85-5920.

824 F.2d 1132 (1987)

Frank B. JAMES, et al., Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1987.

As Amended July 24, 1987.

Attorney(s) appearing for the Case

William A. Hahn, with whom Robert C. Hahn, Boston, Mass., was on brief, for appellants.

Amelia S. Salzman, with whom Edward J. Shawaker, Dept. of Justice, Washington, D.C., was on brief, for appellees. Joseph E. diGenova, U.S. Atty., R. Craig Lawrence, John H. Palmer, Jr., and Royce C. Lamberth, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellees.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and LEIGHTON, Senior District Judge.

Opinion for the Court filed by Senior District Judge LEIGHTON.

LEIGHTON, Senior District Judge:

This appeal presents two issues. First, whether the district court correctly dismissed appellants' suit against the United States Department of Health and Human Services after the court ruled that appellants did not have standing to sue on the claim alleged in their complaint. Second, whether the district court correctly dismissed appellants' suit against the United...

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