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CALIFORNIA MEDICAL ASS'N v. SHALALA

No. 98-56134.

207 F.3d 575 (2000)

CALIFORNIA MEDICAL ASSOCIATION; California Academy of Family Physicians; California Society of Anesthesiologists; California Urological Association; California Chapter of the American College of Emergency Physicians; California Chapter of the American College of Cardiology; California Society of Internal Medicine; California Society of Physical Medicine & Rehabilitation; California Radiology Society, Chapter of the American College of Radiology, Plaintiffs-Appellees, v. Donna E. SHALALA, Secretary of United States Department of Health and Human Services, Defendant, and Kimberly Belshe, Director of the California Department of Health Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 22, 2000.

Attorney(s) appearing for the Case

Charlton G. Holland, III, Assistant Attorney General, San Francisco, California, argued the cause for the defendant-appellant. With him on the briefs was Daniel E. Lungren, Attorney General.

William J. Bush, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, California, argued the cause for the plaintiffs-appellees. With him on the briefs was Craig J. Cannizzo.

Before: KOZINSKI and FERNANDEZ, Circuit Judges, and COLLINS, District Judge.

KOZINSKI, Circuit Judge:

We consider whether a party that has paid its adversary's attorney's fees can petition under Fed.R.Civ.P. 60(b)(5) for relief from the fee judgment, if the underlying merits judgment is reversed.

I

California Medical Association and the other plaintiffs (collectively the "Associations") provide medical services to Medicare beneficiaries. The Associations sued for higher reimbursements under 42 U.S.C. § 1983 and the Medicare...

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