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TAP PHARMACEUTICALS v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 97-2773.

163 F.3d 199 (1998)

TAP PHARMACEUTICALS, Plaintiff-Appellant, v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; Health Care Financing Administration; Palmetto Government Benefits Administrators, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1998.

Attorney(s) appearing for the Case

ARGUED: Craig A. Hoover, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant. Maria Simon, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: David G. Leitch, Adam Braff, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant. Frank W. Hunger, Assistant Attorney General, J. Rene Josey, United States Attorney, Scott R. McIntosh, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before MURNAGHAN, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge MURNAGHAN joined. Judge WILLIAMS wrote an opinion concurring in part and concurring in the judgment.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

TAP Pharmaceuticals, Inc. (TAP), appeals from the dismissal of its complaint for lack of standing. TAP seeks to challenge a Medicare reimbursement policy. That policy reduces the amount of reimbursement paid for Lupron...

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