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CAROLINA MEDICAL SALES, INC. v. LEAVITT

Civil Action No. 07-1298(RMU).

559 F.Supp.2d 69 (2008)

CAROLINA MEDICAL SALES, INC., et al., Plaintiffs, v. Michael LEAVITT, In his official capacity as Secretary of the U.S. Dep't of Health and Human Services et al., Defendants.

United States District Court, District of Columbia.

June 19, 2008.

Attorney(s) appearing for the Case

Caroline M. Mew, Frederick Robinson, Fulbright & Jaworski LLP, Simeon Meir Schopf, King & Spalding, LLP, Washington, DC, for Plaintiffs.

Clifford Lee Reeves, U.S. Department of Justice, Linda L. Keyser, U.S. Department of Health and Human Services, Washington, DC, Siobhan Madison, U.S. Department of Justice, Philadelphia, PA, for Defendants.

MEMORANDUM OPINION

GRANTING THE DEFENDANTS' MOTION TO DISMISS; DEFERRING RULING ON PLAINTIFFS' MOTION TO STRIKE; FINDING AS MOOT PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The court today considers whether to dismiss a complaint filed by two plaintiffs (Carolina Medical Sales, Inc. and Americare Health Systems) in the business of selling diabetic supplies through...

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