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SMITH v. OFFICE OF CIVILIAN HEALTH & MED. PROGRAM

No. 94-3744.

97 F.3d 950 (1996)

Erin C. SMITH, Plaintiff-Appellee, v. OFFICE OF CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES, a subdivision of the Department of Defense of the United States of America; William Perry, in his official capacity as the Secretary of Defense for the United States of America, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Reargued February 8, 1996.

Decided October 4, 1996.

Attorney(s) appearing for the Case

Steven J. Cohen, David D. Becsey (argued), Zeigler, Carter, Cohen & Koch, Indianapolis, IN, for Plaintiff-Appellee.

John P. Schnitker, Department of Justice, Civil Division, Appellate Section, Lowell Sturgill (argued), Washington, DC, for Defendant-Appellant Office of Civilian Health and Medical Program of the Uniformed Services.

John P. Schnitker, Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendant-Appellant William Perry.

Before ESCHBACH, FLAUM, and MANION, Circuit Judges.

MANION, Circuit Judge.

Erin Smith brought this action for declaratory and injunctive relief against the Office of Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) and William Perry, in his official capacity as the Secretary of Defense, challenging their refusal to pay for certain procedures recommended by Smith's doctors as treatment for her breast cancer. The district court declared that the recommended procedures were covered by CHAMPUS, held...

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