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ARKANSAS REGIONAL ORGAN RECOVERY AGENCY v. SHALALA

No. 4:00CV00246GH.

104 F.Supp.2d 1084 (2000)

ARKANSAS REGIONAL ORGAN RECOVERY AGENCY, INC., Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. Arkansas, Western Division.

July 6, 2000.

Attorney(s) appearing for the Case

William A. Waddell, Jr., Lynda M. Johnson, Bruce B. Tidwell, Friday, Eldredge & Clark, Little Rock, AR, for plaintiff.

Paula Casey, United States Attorney, by Richard M. Pence, Jr., Assistant U.S. Attorney, Eastern Dist. of Ark., Little Rock, AR, Glen Staszewski, U.S. Department of Justice, Civil Division, Washington, D.C., Shelia M. Lieber, U.S. Department of Justice, Civil Division, Washington, D.C., for defendant.

ORDER

GEORGE HOWARD, Jr., District Judge.

On April 6th, plaintiff, the organ procurement organization (OPO) for most of Arkansas, filed a verified complaint and petition for preliminary injunction seeking to have certain Final Rule and Performance Standards1 applicable to organ procurement organizations (OPOs) declared invalid because the Health Care Financing Administration (HCFA) exceeded its Congressional authority...

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