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DR. JOSE S. BELAVAL, INC. v. PEREZ-PERDOMO

No. 05-2854.

465 F.3d 33 (2006)

DR. JOSÉ S. BELAVAL, INC., Plaintiff/Appellant, Rio Grande Community Health Center, Inc.; Concilio de Salud Integral de Loiza, Inc., Plaintiffs, v. Hon. Rosa PERÉZ-PERDOMO, Secretary, Department of Health of the Commonwealth of Puerto Rico, Defendant/Appellee, Commonwealth of Puerto Rico; United States Department of Health and Human Services; Michael O. Leavitt, Secretary, United States Department of Health and Human Services, Defendants.

United States Court of Appeals, First Circuit.

Decided October 2, 2006.

Attorney(s) appearing for the Case

Robert A. Graham, with whom James L. Feldesman and Feldesman Tucker Leifer Fidell LLP were on brief, for appellant.

Eduardo A. Vera-Ramírez, with whom Courtney R. Carroll, Landrón & Vera LLP, Roberto Sanchez-Ramos, Secretary of Justice, and Salvador Antonetti-Stutts, Solicitor General, were on brief, for appellee.

Before LYNCH, Circuit Judge, SILER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

This appeal stems from a lawsuit filed on June 6, 2003 by three community health centers in Puerto Rico: Rio Grande Community Health Center, Inc. ("Rio Grande"), Concilio de Salud Integral de Loiza, Inc. ("Loiza"), and Dr. José S. Belaval, Inc. ("Belaval"). Belaval is the sole appellant in this action.

In their suit, the three health centers alleged that the defendant, the Secretary of the Department of Health of Puerto Rico,

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