NEW YORK STATE OPHTHALMOLOGICAL SOC. v. BOWEN

Nos. 87-5057 and 87-5065.

854 F.2d 1379 (1988)

NEW YORK STATE OPHTHALMOLOGICAL SOCIETY, et al., Appellants, v. Otis R. BOWEN, Secretary, Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 1988.


Attorney(s) appearing for the Case

William A. Dobrovir, with whom Robert L. Baum, Washington, D.C., was on the brief, for appellants.

Peter R. Maier, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and John F. Cordes, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellee. Joel E. Momkin, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellee.

Mark B. Rotenberg was on the brief for amicus curiae, American Academy of Ophthalmology, Inc., uring reversal.

Jack R. Bierig, Chicago, Ill., was on the brief for amicus curiae, American Medical Ass'n, urging reversal.

Before MIKVA and WILLIAMS, Circuit Judges, and GORDON, Senior District Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

Concurring Opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

MIKVA, Circuit Judge:

This is a consolidated appeal from a district court judgment for appellee, the Secretary of the Department of Health and Human Services ("HHS"), in a class action brought by individual ophthalmologists, their patients, and two professional associations in New York and California...

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