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TEXAS ALLIANCE FOR HOME CARE SERVICES v. SEBELIUS

No. 11-5265.

681 F.3d 402 (2012)

TEXAS ALLIANCE FOR HOME CARE SERVICES and Dallas Oxygen Corporation, Appellants v. Kathleen SEBELIUS, in her official capacity as Secretary, United States Department of Health and Human Services, and Marilyn Tavenner, in her official capacity as Acting Administrator, Centers for Medicare and Medicaid Services, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2012.

Attorney(s) appearing for the Case

William G. Kelly Jr. argued the cause for the appellants. Brendan J. Klaproth was on brief.

Sharon Swingle , Attorney, United States Department of Justice, argued the cause for the appellees. Tony West , Assistant Attorney General, Ronald C. Machen, Jr. , United States Attorney, and Michael S. Raab , Attorney, were on brief. R. Craig Lawrence , Assistant United States Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The Texas Alliance for Home Care Services, a trade association representing suppliers of durable medical equipment,1 prosthetics, orthotics and supplies (DMEPOS), and the Dallas Oxygen Corporation, an individual DMEPOS supplier, (collectively, Suppliers) appeal the district court's dismissal of their action against the Secretary of the United States Department of Health and Human Services (Secretary...

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