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SOFAMOR DANEK GROUP, INC. v. GAUS

No. 94-5356.

61 F.3d 929 (1995)

SOFAMOR DANEK GROUP, INCORPORATED, Appellant, v. Clifton R. GAUS, Administrator, Agency for Health Care Policy and Research, Department of Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 1995.

Attorney(s) appearing for the Case

James D. Miller, Washington, DC, argued the cause, for appellant. With him on the briefs, were Edward M. Basile and Paul J. Larkin, Jr., Washington, DC.

Howard S. Scher, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause, for appellees. With him on the brief, were Frank W. Hunger, Asst. Atty. Gen., Eric H. Holder, Jr., U.S. Atty., and Mark B. Stern, Atty., U.S. Dept. of Justice, Washington, DC. Eric D. Goulian, Atty., U.S. Dept. of Justice, Washington, DC, entered an appearance.

Daniel J. Popeo and Paul D. Kamenar, Washington, DC, were on the brief, for amicus curiae Washington Legal Foundation.

Before: EDWARDS, Chief Judge, ROGERS and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The court must decide whether a panel of experts and consumers convened by the Agency for Health Care Policy and Research to develop a clinical practice guideline on the treatment of lower back pain for health care practitioners was an "advisory committee" under the Federal Advisory Committee Act, 5 U.S.C.App. §§ 1-15 ("FACA"). Appellant Sofamor Danek, Inc. maintains that...

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