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MARYLAND PSYCHIATRIC SOC., INC. v. WASSERMAN

Nos. 95-2767, 95-2970.

102 F.3d 717 (1996)

The MARYLAND PSYCHIATRIC SOCIETY, INCORPORATED, a District Branch of the American Psychiatric Association, Plaintiff-Appellee, v. Martin P. WASSERMAN, M.D., J.D., Secretary, Department of Health and Mental Hygiene of the State of Maryland, Defendant-Appellant, and Donna E. Shalala, Secretary of Health and Human Services, Defendant. The MARYLAND PSYCHIATRIC SOCIETY, INCORPORATED, a District Branch of the American Psychiatric Association, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant, and Martin P. Wasserman, M.D., J.D., Secretary, Department of Health and Mental Hygiene of the State of Maryland, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 16, 1996.

Attorney(s) appearing for the Case

ARGUED: Kathleen A. Morse, Assistant Attorney General, Baltimore, Maryland; Alisa Beth Klein, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. Kathleen Howard Meredith, Iliff & Meredith, P.C., Baltimore, Maryland, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General, Baltimore, Maryland, for Appellant Wasserman; Frank W. Hunger, Assistant Attorney General, Lynne Ann Battaglia, United States Attorney, Barbara C. Biddle, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant Shalala.

Before WILKINSON, Chief Judge, LUTTIG, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Reversed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge LUTTIG and Senior Judge BUTZNER joined.

OPINION

WILKINSON, Chief Judge:

The Maryland Psychiatric Society, a professional association of psychiatrists, seeks injunctive and declaratory relief against Donna Shalala, Secretary of Health and Human Services, and Martin Wasserman, Secretary of the Maryland Department of Health...

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