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NATIONAL ATH. TRAINERS v. HEALTH & HUMAN SERV.

No. 05-11320.

455 F.3d 500 (2006)

NATIONAL ATHLETIC TRAINERS' ASSOCIATION, INC., A Texas Non-Profit Organization, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Michael O. Leavitt, Secretary of Health and Human Services; Mark McClellan, Medical Doctor, Administrator, Centers for Medicare & Medicaid, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 3, 2006.

Attorney(s) appearing for the Case

Danny S. Ashby (argued), Paul Richard Genender, Stanford Edward Purser, Robert H. Mow, Jr., Jamie Lavergne Bryan, Hughes & Luce, Dallas, TX, for Plaintiff-Appellant.

Eric David Miller (argued), Barbara C. Biddle, U.S. Dept. of Justice, Civ. Div., Washington, DC, Sean R. McKenna, Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Appellant National Athletic Trainers' Association, Inc. ("NATA") appeals from the district court's dismissal of its suit for injunctive and declaratory relief for lack of subject matter jurisdiction. NATA brought suit challenging the Secretary of Health and Human Services's ("the Secretary") implementation of a new rule under the Medicare regulations providing that therapy services administered...

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