No. 01-30314.

275 F.3d 475 (2001)

WALGREEN CO., Plaintiff-Appellant, v. David W. HOOD, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals, Defendant-Appellee,

United States Court of Appeals, Fifth Circuit.

December 20, 2001.

Attorney(s) appearing for the Case

David R. Overstreet, Kirkpatrick & Lockhart, Harrisburg, PA, Erick Yukihiko Miyagi, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Plaintiff-Appellant.

Charles A. Miller, Covington & Burling, Washington, DC, Christine Michelle Arbo, Stephen Robert Russo, Louisiana Dept. of Health & Hospitals, Baton Rouge, LA, for Defendant-Appellee.

Before DUHÉ, WIENER, and BARKSDALE, Circuit Judges.

DUHÉ, Circuit Judge:

Walgreen Company ("Walgreen") appeals the district court's denial of its motion for a preliminary injunction barring the Louisiana Department of Health and Hospitals ("the Department") from using tiered Medicaid pharmacy-reimbursement rates to calculate payments to pharmacies serving Louisiana Medicaid recipients. Because we find that Walgreen does not have a substantial likelihood of success on the merits, we AFFIRM.


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