PANAMA CITY MEDICAL DIAGNOSTIC LTD. v. WILLIAMS

No. 92-2826.

13 F.3d 1541 (1994)

PANAMA CITY MEDICAL DIAGNOSTIC LTD., Dr. Frank Syfrett, and Dr. Steve Taylor, Plaintiffs-Appellees, Am-Med Associates, A Florida General Partnership, Winter Park MRI Partners, Ltd., Medi-Tek Winter Park, Inc., MRI of Wellington, Ltd., Meditek-Wellington, Inc., Meditek-Palm Beach Gardens, Inc., Clay Medco, d/b/a Orange Park Diagnostic Center, Prime Care Diagnostic, Inc., d/b/a Prime Care Diagnostic Center, Magnedocs, Ltd., A Florida Limited Partnership, by and through its general partner, Magnadoc, Inc., a Florida Corporation, Magwest Ltd., a Florida Limited Partnership, by and through its general partner, Westdoc, Inc., a Florida Corporation, Kendall Therapy Center, Ltd., d/b/a Kendall Therapy Center, a Florida Limited Partnership, by and through its general partner, CHC of South Miami, Inc., a Florida Corporation, Medical Park Diagnostic Multicenter, d/b/a Medical Park, a Florida Limited Partnership, by and through its general partner, CHC of South Miami, Inc., a Florida Corporation, Kendall Medical Enterprises, Inc., d/b/a Kendall Diagnostic Center, a Florida Corporation, Health Images, Inc., Robert Kagan, M.D., Magnetic Imaging Systems I, Ltd., a Florida Limited Partnership, by and through its general partner, Nuclear Magnetic Imaging, Inc., a Florida Corporation, Intervenors-Appellees, v. Robert B. WILLIAMS, in official capacity as Sec. of Florida Dept. of HRS, George Stuart, in his official capacity as Sec. of Florida Dept. of Professional Reg., Board of Medicine, Board of Osteopathic Medical Examiners, Board of Chiropractic, et al., Defendants-Appellants, Citizens of the State of Florida, Intervenor-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 15, 1994.


Attorney(s) appearing for the Case

Stephanie A. Daniel, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee; FL, for Williams, et al.

Stephen M. Presnell, Office of Public Counsel, Tallahassee, FL, for Citizens of Florida.

Robert J. Winicki, Don H. Lester, Mahoney Adams & Criser, P.A., Jacksonville, FL, for Panama City Medical Diagnostics, Ltd., Frank Syfrett, Steve Taylor.

Dennis A. Richard, Richard and Richard, P.A., Miami, FL, for Winter Park MRI Partners, Meditek-Winter Park, MRI Wellington, Meditek-Wellington, Meditek-Palm Beach Gardens.

John H. Pelzer, Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, FL, for Robert Kagan, Magnetic Imaging Systems.

Michael W. Moskowitz, Borkson, Simon, Moskowitz & Mandell, P.A., Ft. Lauderdale, FL, for Magnedocs, Magwest, Kendall Therapy Center, Medical Park Diagnostic Multicenter, Kendall Medical Enterprises.

Barry S. Richard, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Tallahassee, FL, for intervenors/appellees Meditek Entities.

Before DUBINA and CARNES, Circuit Judges, and MORGAN, Senior Circuit Judge.


DUBINA, Circuit Judge:

This is an appeal from an order of the district court permanently enjoining the state of Florida from enforcing a statute which imposes fee caps on providers of diagnostic imaging services. Specifically, appellants Robert B. Williams, et al. ("Williams"), challenge the district court's finding that the exemption from the fee cap for hospitals and group practices has no rational basis and thus, violates the Equal Protection Clause of the United...

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