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ATLANTIC UROLOGICAL ASSOCIATES, P.A. v. LEAVITT

Civil Action No. 08-141 (RMC).

549 F.Supp.2d 20 (2008)

ATLANTIC UROLOGICAL ASSOCIATES, P.A., et al., Plaintiffs, v. Michael O. LEAVITT, Secretary, Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

May 5, 2008.

Attorney(s) appearing for the Case

Dan Mark Peterson, Caroline M. Mew, Wendy Butler Curtis, Fulbright & Jaworski, L.L.P, Washington, DC, for Plaintiffs.

Peter T. Wechsler, United States Department of Justice, Kevin Michael Henry, Sidley Austin, LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

Plaintiffs sue Michael O. Leavitt, in his official capacity as Secretary of the Department of Health and Human Services ("the Secretary" or "HHS"), to challenge HHS's final rule, 73 Fed.Reg. 404 (Jan. 3, 2008) (the "Final Order") and its final rule, 72 Fed.Reg. 66222 (Nov. 27, 2007) (the "Anti-Markup Rule"), both of which relate to Medicare payment for laboratory testing services.

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