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WILSON v. CHAMPUS

No. 95-1016.

65 F.3d 361 (1995)

Gail Ann WILSON, Plaintiff-Appellee, v. OFFICE OF CIVILIAN HEALTH AND MEDICAL PROGRAMS OF THE UNIFORMED SERVICES (CHAMPUS), A SUBDIVISION OF THE DEPARTMENT OF DEFENSE OF the UNITED STATES of America; William Perry, Secretary of Defense, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1995.

Attorney(s) appearing for the Case

ARGUED: John Peter Schnitker, Civil Division, United States Department of Justice, Washington, DC, for appellants. Robert Edward Hoskins, Foster & Foster, Greenville, SC, for appellee. ON BRIEF: Frank W. Hunger, Assistant Attorney General, Helen F. Fahey, United States Attorney, Lawrence W. Leonard, Assistant United States Attorney, Barbara C. Biddle, Civil Division, United States Department of Justice, Washington, DC, for appellants. Timothy G. Clancy, Cumming, Hatchett, Moschel & Patrick, Hampton, VA, for appellee.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Senior Judge BUTZNER joined.

OPINION

ERVIN, Chief Judge:

The Office of Civilian Health and Medical Programs of the Uniformed Services ("CHAMPUS") challenges the grant of a permanent injunction in favor of one of its beneficiaries, Gail Ann Wilson. Wilson, who has breast cancer, seeks payment for a course of treatment known as high-dose chemotherapy with...

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