CONSUMERS' CHECKBOOK CENTER v. U.S. DEPT. HEALTH AND HUMAN SERVICES

No. 07-5343.

554 F.3d 1046 (2009)

CONSUMERS' CHECKBOOK, CENTER FOR THE STUDY OF SERVICES, Appellee v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al., Appellants American Medical Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 2009.


Attorney(s) appearing for the Case

Steve Frank, Attorney, United States Department of Justice, argued the cause for the appellants. Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, United States Attorney, and Leonard Schaitman, Attorney, were on brief. R. Craig Lawrence, Assistant United States Attorney, entered an appearance.

Jack R. Bierig argued the cause for intervenor American Medical Association in support of the appellants.

Robert M. Portman was on brief for amici curiae American Medical Association et al. in support of the appellants.

Nicole R. Rabner argued the cause for the appellee. Patrick J. Carome and Paul R.Q. Wolfson were on brief.

Stacy J. Canan was on brief for amici curiae American Association of Retired Persons et al. in support of the appellee.

Mark R. Savage was on brief for amicus curiae Consumers Union of United States, Inc. in support of the appellee.

Separate opinion filed by Circuit Judge ROGERS, concurring in part and dissenting in part.


KAREN LECRAFT HENDERSON, Circuit Judge.

Consumers' Checkbook, Center for the Study of Services (CSS) filed this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq., seeking from the United States Department of Health and Human Services (HHS) records for all Medicare claims submitted to HHS by physicians in several localities during 2004. The district court granted summary judgment in CSS...

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