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KONG v. SCULLY

No. 02-15057.

341 F.3d 1132 (2003)

David KONG, Plaintiff-Appellant, v. Thomas SCULLY, in his official capacity as director of Center for Medicare and Medicaid Services; Tommy Thompson, in his official Capacity as Secretary of the United States Department of Health and Human Services, Defendants-Appellees, The First Church of Christ, Scientist, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2003.

Attorney(s) appearing for the Case

Robert J. Bruno, Brunsville, Minnesota, for the plaintiff-appellant.

Lowell V. Sturgill, Jr., Department of Justice, Washington, D.C., for defendants-appellees Thomas Scully and Tommy Thompson.

Stephen M. Shapiro, Chicago, Illinois, for the defendant-intervenor-appellee.

Before: JOHN T. NOONAN, M. MARGARET McKEOWN, and JOHNNIE B. RAWLINSON, Circuit Judges.

Argued and Submitted April 9, 2003 — San Francisco, California.

Opinion by Judge NOONAN; Concurrence by Judge McKEOWN; Concurrence by Judge RAWLINSON

OPINION

NOONAN, Circuit Judge.

David Kong appeals the judgment of the district court upholding as constitutional on its face and as applied section 4454 of the Balanced Budget Act of 1997. This law effected amendments to 42 U.S.C. § 1320...

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