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COALITION FOR COMMON SENSE IN GOVERN. v. U.S.

Civil Action No. 08-996 (JDB).

576 F.Supp.2d 162 (2008)

The COALITION FOR COMMON SENSE IN GOVERNMENT PRCUREMENT, Plaintiff, v. UNITED STATES of America and United States Department of Defense, Defendant.

United States District Court, District of Columbia.

September 19, 2008.

Attorney(s) appearing for the Case

Daniel G. Jarcho, McKenna Long & Aldridge, LLP, Washington, DC, for Plaintiff.

Alexander Daniel Shoaibi, U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

On January 28, 2008, Congress enacted the National Defense Authorization Act for Fiscal Year 2008 ("NDAA-08"). Under Section 703 of the NDAA-08, pharmaceuticals paid for by the Department of Defense ("DoD") that are provided by retail pharmacies to TRICARE beneficiaries are to be subject to the pricing standards of 38 U.S.C. § 8126, known as Federal...

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