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HORENSTEIN v. SECRETARY OF HEALTH AND HUMAN SERV.

Nos. 90-4028, 92-4302.

35 F.3d 261 (1994)

Steven B. HORENSTEIN, et al., Plaintiffs-Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

James Roy Williams, Young & Reverman Company, Cincinnati, OH (argued and briefed), for plaintiffs-appellees.

Deborah Ruth Kant (argued and briefed), William Kanter, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, Joseph E. Kane, Asst. U.S. Atty., Columbus, OH, for defendant-appellant.

Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, Circuit Judges; and GUY, Senior Circuit Judge.

RYAN, J., delivered the opinion of the court, in which MERRITT, C.J., KENNEDY, JONES, MILBURN, NELSON, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, JJ., and GUY, S.C.J., joined. MARTIN, J. (p. 263), delivered a separate concurring opinion, in which KEITH, J., joined.

RYAN, Circuit Judge.

The Secretary of Health and Human Services appeals a permanent injunction enjoining the Secretary from enforcing two administrative rulings that limit attorney...

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