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AMERICAN DENTAL ASS'N v. SHALALA

No. 92-5038.

3 F.3d 445 (1993)

AMERICAN DENTAL ASSOCIATION, et al., Appellants, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 1993.

Attorney(s) appearing for the Case

Melvin C. Garbow, Washington, DC, argued the cause for appellants. With him on the briefs were Andrew T. Karron and Patricia H. Anderson, Washington, DC.

Sylvia T. Kaser, Atty., Dept. of Justice, Washington, DC, argued the cause for appellee. With her on the briefs were Stuart M. Gerson, Acting Atty. Gen., Jay B. Stephens, U.S. Atty., Washington, DC, at the time the briefs were filed, and Barbara C. Biddle, Atty., Dept. of Justice, Washington, DC.

Bennett Boskey, Ellis Lyons, and Edward A. Groobert, Washington, DC, filed a brief for amicus curiae, American Optometric Assn.

Before: MIKVA, Chief Judge, D.H. GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

The American Dental Association and others (referred to collectively as "ADA") appeal a district court decision granting summary judgment in favor of the Department of Health and Human Services ("HHS" or "the Department") in an action challenging HHS regulations implementing the Health Care Quality Improvement Act of 1986.

The Health Care Act requires any "entity" which makes payments...

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