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KONG v. SCULLY

No. 02-15057.

357 F.3d 895 (2004)

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.

Amended February 6, 2004.

Attorney(s) appearing for the Case

Robert J. Bruno, Burnsville, MN, 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, IL, for the defendant-intervenor-appellee.

Before: NOONAN, McKEOWN, and RAWLINSON, Circuit Judges.

Prior report: 341 F.3d 1132

ORDER

Judge McKeown's concurrence filed on September 2, 2003 is amended as follows:

Insert at Slip. Op. 12829 [341 F.3d at 1147] before "In defending an exclusively-religious ...": "In the same vein, service providers would not be limited to religious institutions."

With this amendment, the panel has voted to deny the petition for rehearing. Judges McKeown and Rawlinson have voted...

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