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WADE PEDIATRICS v. DEP'T OF HEALTH AND HUMAN SERVICES

No. 08-9529.

567 F.3d 1202 (2009)

WADE PEDIATRICS, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare and Medicaid Services, Respondent.

United States Court of Appeals, Tenth Circuit.

June 2, 2009.

Attorney(s) appearing for the Case

Sarah J. Glick, Scoggins & Cross, PLLC, Oklahoma City, OK (Linda G. Scoggins with her on the briefs), for Petitioner.

G. Dirk Rozendale, Assistant Regional Counsel, Department of Health and Human Services, Dallas, TX (Thomas R. Barker, Acting General Counsel, and Katherine W. Brown, Acting Chief Counsel, with him on the brief), for Respondent.

Before LUCERO, O'BRIEN, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

From time to time, labs federally certified to analyze human specimens must take proficiency tests to ensure their reliability and accuracy. On two such tests, Wade Pediatrics checked its answers with those of another lab before submitting its results to the government. The problem is that the government's proficiency testing program seeks to assess the competency of each lab's independent work. Sharing answers defeats the purpose of the exercise...

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