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FLA. ASS'N OF MEDICAL EQUIPMENT DEALERS v. APFEL

No. 99-11177.

194 F.3d 1227 (1999)

FLORIDA ASSOCIATION OF MEDICAL EQUIPMENT DEALERS, Med-Health Care, et al., Plaintiffs-Appellants, v. Kenneth S. APFEL, Commissioner of Health and Human Services, Nancy-Ann Min Deparle, Administrator, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 5, 1999.

Attorney(s) appearing for the Case

Holly Anne Pierson, Powell, Goldstein, Frazer & Murphy, L.L.P., Atlanta, GA, David C. Hammond, Washington, DC, Ralph J. Caccia, Powell, Goldstein, Frazer & Murphy, LLP, Washington, DC, for Plaintiffs-Appellants.

Susan Droppleman Duff, Rumberger, Kirk & Caldwell, P.A., Tampa, FL, Thomas Mark Bondy, U.S. Dept. of Justice, USDOJ, Civil Div., App. Staff, Washington, DC, for Defendants-Appellees.

Before CARNES and BARKETT, Circuit Judges, and PAINE, Senior District Judge.

BARKETT, Circuit Judge:

Medi-Health Care Inc., and C&C Homecare, medical equipment suppliers doing business in Florida, as well as the Florida Association of Medical Equipment Dealers, an association of 300 medical equipment suppliers (collectively "FAMED"), appeal the district court's denial of their petition for a preliminary injunction against Kenneth Apfel, the commissioner of the Social Security Administration ("the government"). On appeal, FAMED argues that...

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