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AMERICAN MEDICAL ASS'N v. BOWEN

No. 87-1755.

857 F.2d 267 (1988)

AMERICAN MEDICAL ASSOCIATION, et al., Plaintiffs-Appellants, v. Otis R. BOWEN, M.D., Secretary of the Department of Health and Human Services, Defendant-Appellee, and American Association of Retired Persons, et al., Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

October 14, 1988.

Attorney(s) appearing for the Case

Jack R. Bierig, Chicago, Ill., for American Medical Ass'n.

Donald P. Wilcox, Austin, Tex., for Texas Medical Ass'n.

Richard E. Gray, Dallas, Tex., for American Medical Ass'n, et al.

David F. Graham, Sidley & Austin, Chicago, Ill., for plaintiffs-appellants.

Scott McIntosh, Dept. of Justice, Appellate Staff, Civil Div., Washington, D.C., for Bowen.

Douglas N. Letter, Atty., Sp. Lit., D of J, Washington, D.C., for Otis Bowen.

David Overlock Stewart, Washington, D.C., Sharon N. Freytag, Dallas, Tex., Alfred J. Chiplin, Burton D. Fretz, Washington, D.C., for intervenors.

Before WISDOM, GEE and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellants, seven individual doctors and three medical societies representing physicians nationally, in Texas, and in Lubbock-Crosby-Garza counties, challenge provisions of the Medicare program enacted as § 9331 of the Omnibus Budget Reconciliation Act (OBRA) of 1986. Pub. L. 99-509, 100 Stat. 2018 (42 U.S.C. § 1395u). Appellants allege that the Secretary's method of implementing OBRA...

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