AMERICAN CLINICAL LABORATORY ASSOCIATION v. AZAR

Attorney(s) appearing for the Case

Ashley C. Parrish , Washington, DC, argued the cause for appellant. With him on the briefs were Mark D. Polston , Elizabeth N. Swayne , and Amelia G. Yowell , Washington, DC.

R. Scott Caulkins , Arlington, VA, and Jeffrey J. Sherrin , Albany, NY, were on the brief for amicus curiae American Association of Bioanalysts in support of plaintiffs-appellant.

David McAloon , Washington, DC, was on the brief for amici curiae The College of American Pathologists, et al. in support of appellant.

Dennis Fan , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Abby C. Wright , Attorney, Robert P. Charrow , General Counsel, U.S. Department of Health & Human Services, Janice L. Hoffman , Associate General Counsel, Susan Maxson Lyons , Deputy Associate General Counsel, and Debra M. Laboschin , Attorney. Alisa B. Klein , Attorney U.S. Department of Justice, entered an appearance.

Before: Griffith, Millett and Pillard, Circuit Judges.