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LONG TERM CARE PHARMACY ALLIANCE v. FERGUSON

No. 03-1895.

362 F.3d 50 (2004)

LONG TERM CARE PHARMACY ALLIANCE, Plaintiff, Appellee, v. Christine FERGUSON, Director, Commonwealth of Massachusetts Division of Health Care Finance and Policy, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 17, 2004.

Attorney(s) appearing for the Case

Romeo G. Camba, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and William Porter, Assistant Attorney General, were on brief for appellant.

David J. Farber with whom John Rosans, Patton Boggs LLP, Mark E. Robinson, Daniel S. Savrin, Melissa G. Liazos and Bingham McCutchen LLP were on brief for appellee.

Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

BOUDIN, Chief Judge.

This is an appeal from a preliminary injunction entered by the district court. That court enjoined the Commonwealth of Massachusetts from implementing an emergency regulation reducing the rates that the state pays under the state's Medicaid program to pharmacies to reimburse them for prescription drugs furnished for the use of Medicaid patients. The background events are as follows.

Medicaid is a federal-state program to assist the poor...

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