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NATIONAL KIDNEY PATIENTS ASS'N v. SULLIVAN

No. 91-5073.

958 F.2d 1127 (1992)

NATIONAL KIDNEY PATIENTS ASSOCIATION, et al. v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 1992.

Rehearing and Rehearing Denied June 1, 1992.

Attorney(s) appearing for the Case

Robert M. Loeb, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Anthony J. Steinmeyer, Atty., Washington, D.C., were on the brief, for appellants.

Nathan Lewin, Washington, D.C., for appellees.

Before: RUTH BADER GINSBURG, WILLIAMS and SENTELLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 1, 1992.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

For slightly over 13 months the Department of Health and Human Services made payments to Home Intensive Care, Inc. ("HIC") under a preliminary injunction issued by the district court. As a result of congressional action, that injunction has been modified and the modified injunction has been vacated...

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