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TEXAS CLINICAL LABS, INC. v. LEAVITT

No. 07-10760.

535 F.3d 397 (2008)

TEXAS CLINICAL LABS, INC., also known as Texas Clinical Labs, LLC; Texas Clinical Labs-Gulf Division, Inc., also known as Texas Clinical Labs-Gulf Division, LLC; Estate of Daniel P. Campbell, Plaintiffs-Appellants, v. Michael LEAVITT, Secretary, Department of Health & Human Services and Unknown Employees and Agents of the Department of Health & Human Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 15, 2008.

Attorney(s) appearing for the Case

William C. Brittan, Richard O. Campbell, Campbell Bohn Killin Brittan & Ray LLC, Denver, CO, Kurt Allen Schwarz (argued), Jackson Walker, Dallas, TX, for Plaintiffs-Appellants.

James Patrick Laurence (argued), Dallas, TX, for Michael Leavitt.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

WIENER, Circuit Judge:

Plaintiffs-Appellants Texas Clinical Laboratories, Inc., Texas Clinical Laboratories-Gulf Division, Inc., Texas Clinical Labs, LLC, Texas Clinical Labs-Gulf Division, LLC, and the Estate of Daniel P. Campbell (collectively, the "Appellants") initiated this action against the Department of Health and Human Services (the "DHHS"). In their original and amended complaints, the Appellants (1) sought review of an administrative decision denying them...

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