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PHARMACIST POL. ACTION, ETC. v. HARRIS

Civ. No. HM79-845.

502 F.Supp. 1235 (1980)

PHARMACIST POLITICAL ACTION COMMITTEE OF MARYLAND (PHARMPAC), Kitchin Drugs, Inc., Bennie Owens, Carroll P. Marinelli, Bernard C. McDougall, Q & B, Inc., and Ralph Quarles v. Patricia R. HARRIS, Secretary of Health and Human Services, Charles R. Buck, Individually, and in his capacity as Secretary of Health and Mental Hygiene for the State of Maryland.

United States District Court, D. Maryland.

December 1, 1980.

Attorney(s) appearing for the Case

Harvey Greenberg, Greenberg, Ruther & Wenck, Baltimore, Md., for plaintiffs.

Russell T. Baker, Jr., U. S. Atty., for D. Maryland, Kurt L. Schmoke, Asst. U. S. Atty., for D. Maryland, Baltimore, Md., Sarah Wilcox, Atty., Dept. of Health and Human Services, Washington, D. C., for defendant Patricia R. Harris, Secretary of Health and Human Services.

Stephen H. Sachs, Atty. Gen. of Maryland, Randall M. Lutz and Stephen J. Sfekas, Asst. Attys. Gen. of Maryland, Baltimore, Md., for defendants Charles R. Buck, Individually, and in his capacity as Secretary of Health and Mental Hygiene for the State of Md.

HERBERT F. MURRAY, District Judge.

This is an action brought by the Pharmacist Political Action Committee of Maryland (PHARMPAC) challenging both the validity of the Maximum Allowable Cost (MAC) regulations of the Department of Health, Education and Welfare (HEW)2 and the administration of the MAC program within and by the State of Maryland. PHARMPAC is an unincorporated association of Maryland...

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