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AMERICAN ACADEMY OF OPHTHALMOLOGY, INC. v. SULLIVAN

No. 92-3706.

998 F.2d 377 (1993)

AMERICAN ACADEMY OF OPHTHALMOLOGY, INC.; the Cleveland Ophthalmological Society, Plaintiffs-Appellants, Academy of Medicine of Cleveland, Plaintiff-Intervenor-Appellant, v. Louis SULLIVAN, M.D., Secretary, United States Department of Health and Human Services; and Gail R. Wilensky, Ph.D., Administrator, Health Care Financing Administration, United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 9, 1993.

Rehearing and Suggestion for Rehearing Denied August 24, 1993.

Attorney(s) appearing for the Case

Walter J. Rekstis, III, Lisa R. Battaglia, Squire, Sanders & Dempsey, Cleveland, OH, James H. Curtin (briefed), James B. Lynch (argued & briefed), Dorsey & Whitney, Minneapolis, MN, for plaintiffs-appellants.

Michael Anne Johnson, Asst. U.S. Atty., Cleveland, OH, Robert M. Loeb (argued & briefed), Barbara C. Biddle, U.S. Dept. of Justice, Appellate Staff, Civil Div., Washington, DC, Elaine Romberg, U.S. Dept. of Justice, Civil Div. Federal Programs Branch, Washington, DC, for defendants-appellees.

Before: KENNEDY and SILER, Circuit Judges, and CONTIE, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 24, 1993.

CONTIE, Senior Circuit Judge.

The American Academy of Ophthalmology, Inc., The Cleveland Ophthalmological Society, and (intervenor) Academy of Medicine of Cleveland initiated this action seeking to enjoin the Department of Health and Human Services from conducting the "Medicare Cataract Surgery Alternate Payment Demonstration," a demonstration project designed to test an alternative method...

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