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  5. 847 F.Supp. 1359 (1994)
 

PROFESSIONALS AND PATIENTS v. SHALALA

Civ. A. No. H-92-1499.

847 F.Supp. 1359 (1994)

PROFESSIONALS AND PATIENTS FOR CUSTOMIZED CARE, Plaintiff, v. Donna SHALALA, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

April 4, 1994.

Attorney(s) appearing for the Case

John M. Simpson, Fulbright & Jaworski, Washington, DC, for plaintiff.

Daniel David Hu, Asst. U.S. Atty., Houston, TX, Jacqueline H. Eagle, Dept. of Justice, Consumer Litigation, Washington, DC, David J. Horowitz, Food and Drug Admin., Office of the Gen. Counsel, Rockville, MD, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HITTNER, District Judge.

Plaintiff Professionals and Patients for Customized Care ("P2C2") brought this action against the defendants the Food and Drug Administrations ("FDA"), Health and Human Services ("HHS"), and Health Care Financing Administration ("HCFA") challenging the FDA's Compliance Policy Guide ("CPG") 7132.16 as violating the Federal Administrative Procedure Act ("APA"), 5 U.S.C. sections 551

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