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BUONGIORNO v. SULLIVAN

No. 89-5363.

912 F.2d 504 (1990)

Paul A. BUONGIORNO, Jr., Appellee, v. Louis W. SULLIVAN, Secretary, United States Department of Health and Human Services and United States of America, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1990.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and William Kanter, Dept. of Justice, were on the brief, for appellants. R. Craig Lawrence and A. Patricia Frohman, Asst. U.S. Attys., Washington, D.C., also entered appearances, for appellants.

James P. Davenport, Washington, D.C., for appellee.

Before D.H. GINSBURG, SENTELLE, and THOMAS, Circuit Judges.

Opinion for the court filed by Circuit Judge THOMAS.

CLARENCE THOMAS, Circuit Judge:

This case concerns the National Health Service Corps and the rule under which the government decides whether to modify the obligations of someone who has participated in the Corps' scholarship program. We consider here a challenge to the rule on its face, and a challenge to the rule as applied.

I.

A.

The National Health Service Corps (NHSC) exists...

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