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

Civil Action No. 08-996 (JDB).

671 F.Supp.2d 48 (2009)

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

United States District Court, District of Columbia.

November 30, 2009.

Attorney(s) appearing for the Case

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

Susan K. Ullman, U.S. Department of Justice, 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"). Section 703 of NDAA-08 requires that pharmaceuticals paid for by the Department of Defense ("Department" or "DoD") and provided through the TRICARE retail pharmacy program be subject to pricing standards known as Federal Ceiling Prices. The Department promulgated a final rule implementing...

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