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PENNSYLVANIA PHARMACISTS ASS'N v. HOUSTOUN

No. 00-1898.

283 F.3d 531 (2002)

PENNSYLVANIA PHARMACISTS ASSOCIATION; Bell Edge Pharmacy; Broad Street Apothecary; Burns Pharmacy; Cambria Pharmacy #3; Christian Street Pharmacy; Elwyn Pharmacy; Esterson Pharmacy; Fosters Pharmacy; Getwell Pharmacy; McKean Street Pharmacy; Rosica Pharmacy; S & S Community Drug, Inc.; Silverman Pharmacy; Tioga Drug Company; Weldon Pharmacy, and Other Similarly Situated Pharmacies; Tirelli, Inc., dba Broad Street Apothecary; Robert Schreiber, dba Burns' Pharmacy; Cambria Pharmacies, Inc.; Barry Jacobs, dba Elwyn Pharmacy; 2401 East York Street, Inc., dba Esterson's Pharmacy; Riaz U. Rahman, dba Getwell Pharmacy; Foster Pharmacy, Inc.; Haussmann's Pharmacy; McKean Street Pharmacy, Inc.; Thomas Betteridge, dba Rosica Pharmacy; Weldon Pharmacy, Inc, Appellants, v. Feather O. HOUSTOUN.

United States Court of Appeals, Third Circuit.

Argued November 28, 2001.

Opinion Filed March 13, 2002.

Attorney(s) appearing for the Case

Gregory L. Liacouras, (Argued), Leslie H. Smith, Joseph W. Marshall, III, Liacouras & Smith, LLP, Philadelphia, PA, for Appellants.

Joseph McHale, Kimberley A. Hendrix Stradley, Ronon, Stevens & Young, LLP, Philadelphia, PA, John A. Kane, (Argued), Commonwealth of PA, Office of Legal Counsel, Department of Public Welfare, Harrisburg, PA, Doris M. Leisch, Chief of Litigation, Office of Legal Counsel, Department of Public Welfare, Philadelphia, PA, for Appellee.

Before BECKER, Chief Judge, MANSMANN, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, AMBRO, and FUENTES, Circuit Judges.

Argued En Banc November 28, 2001.

OPINION OF THE COURT

ALITO, Circuit Judge, with whom Judges NYGAARD, ROTH, BARRY, AMBRO and FUENTES join.

The Pennsylvania Pharmacists' Association1 and 16 pharmacies operating in southeastern Pennsylvania brought this action under 42 U.S.C. § 1983 against Feather O. Houstoun, the Secretary of the Pennsylvania Department of Public Welfare (the "Department"), to challenge the reimbursement...

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