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RITE AID OF PENNSYLVANIA, INC. v. HOUSTOUN

Nos. 98-1823, 98-1879 and 98-1880.

171 F.3d 842 (1999)

RITE AID OF PENNSYLVANIA, Inc., et al v. Feather O. HOUSTOUN, Pennsylvania Pharmacists Association (Intervenor in D.C.) Rite Aid of Pennsylvania, Inc., Appellant in No. 98-1879. v. Feather O. Houstoun Pennsylvania Pharmacists Association (Intervenor in D.C.) Rite Aid of Pennsylvania, Inc. v. Feather O. Houstoun Pennsylvania Pharmacists Association (Intervenor in D.C.)

United States Court of Appeals, Third Circuit.

Decided March 22, 1999.

Attorney(s) appearing for the Case

Raymond P. Pepe (argued) David R. Overstreet, Kirkpatrick & Lockhart, Harrisburg, PA, for appellants in Nos. 98-1879 and 98-1880.

John A. Kane Commonwealth of Pennsylvania, Office of Legal Counsel Department of Public Welfare, Harrisburg, PA, Doris M. Leisch (argued) Peter J. Garcia, Commonwealth of Pennsylvania Department of Public Welfare, Philadelphia, PA, for Appellant in No. 98-1823.

Before: GREENBERG, LEWIS, and BRIGHT, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This appeal concerns a procedural challenge to the Pennsylvania Department of Public Welfare's ("Department") promulgation of revised regulations governing payment rates for prescription drugs and related services provided to Medicaid recipients pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396v ("Medicaid Act").1 The Department...

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