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CONSUMER FED. OF AMER. v. U.S. DEPT. OF HEALTH

No. 95-5384.

83 F.3d 1497 (1996)

CONSUMER FEDERATION OF AMERICA AND PUBLIC CITIZEN, Appellees, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

John S. Koppel, Attorney, United States Department of Justice, argued the cause for appellant, with whom Frank W. Hunger, Assistant Attorney General, Michael J. Singer, Assistant Director, and Eric H. Holder, Jr., Washington, DC, United States Attorney, were on the briefs.

Allison M. Zieve argued the cause for appellees, with whom Brian Wolfman, Washington, DC, was on the brief.

Before: WALD, SILBERMAN, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In 1992, the United States Department of Health and Human Services ("HHS" or "agency") issued regulations implementing the 1988 Clinical Laboratory Improvement Amendments ("CLIA" or "Act"), which expands and strengthens federal regulation of laboratories that perform clinical tests on specimens from the human body. The specific regulations at issue here pertain to two key components of...

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