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PHARMACEUTICAL CARE MANAGE. v. DIST. OF COLUMBIA

No. 07-7062.

522 F.3d 443 (2008)

PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Appellant v. DISTRICT OF COLUMBIA and Adrian Fenty, in his Official Capacity as Mayor of the District of Columbia, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 2008.

Attorney(s) appearing for the Case

Paul J. Ondrasik, Jr. argued the cause for appellant. With him on the briefs were Martin D. Schneiderman and Linda S. Stein.

Robin S. Conrad and Jonathan D. Hacker were the brief for amici curiae America's Health Insurance Plans, et al. in support of appellant.

James C. McKay, Jr., Senior Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellee. With him on the brief were Peter J.

Nickles, Interim Attorney General, Todd S. Kim, Solicitor General, and Lutz Alexander Prager. Edward E. Schwab, Deputy Attorney General, entered an appearance.

Jan A. May, Bruce Vignery, and Michael Schuster were on the brief for amici curiae American Association of Retired Persons, et al. in support of appellee. Stacy J. Canan entered an appearance.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The plaintiff — the Pharmaceutical Care Management Association — is a national trade organization representing pharmacy benefit managers. Pharmacy benefit managers act as "middlemen" hired by health benefit providers (such as employers, health maintenance organizations, and public and private health plans) "to provide prescription drug benefit administration and management services....

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