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EL RIO SANTA CRUZ NEIGH. v. U.S. DEPT. OF HEALTH

No. 04-5089.

396 F.3d 1265 (2005)

EL RIO SANTA CRUZ NEIGHBORHOOD HEALTH CENTER, INC., et al., Appellees, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and Tommy G. Thompson, Secretary, Department of Health and Human Services, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2005.

Attorney(s) appearing for the Case

Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Jeffrey S. Bucholtz, Deputy Assistant Attorney General, and Robert S. Greenspan, Attorney.

James L. Feldesman argued the cause for appellees. With him on the brief were Khatereh S. Ghiladi and Robert A. Graham.

Before: HENDERSON and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

Concurring opinion filed by Circuit Judge HENDERSON.

ROGERS, Circuit Judge.

The Federally Supported Health Centers Assistance Act of 1995 ("FSHCAA"), Pub.L. No. 104-73, 109 Stat. 777 (codified as amended at 42 U.S.C. § 233), makes federally-funded community health centers and their employees, officers, and individual contractors eligible for medical...

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