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United States DC Circuit


Renal Physicians Ass'n v. Health & Human Servs., 06-5133

In a challenge to a regulatory safe harbor relating to the fair market value of a physician's hourly rates, where the direct cause of injury is the independent action of a third party, dismissal for lack of standing is affirmed where appellant has not shown that a ruling in its favor will redress the injury it alleges.

Appellate Information

  • Argued 03/08/2007
  • Decided 06/12/2007
  • Published 06/12/2007

Judges

  • Before:  GINSBURG, Chief Judge, and GARLAND and BROWN, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Robert S. Plotkin argued the cause for appellant.   With him on the briefs was E. Duncan Getchell, Jr., Jeffrey T. Green was on the brief for amici curiae American Medical Association et al. in support of appellant.

  • For Appellees:
  • Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Thomas M. Bondy, Attorney.
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