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CONSUMER FEDERATION OF AMERICA v. DEPT. OF HEALTH

Civ. A. No. 93-97 (GK).

906 F.Supp. 657 (1995)

CONSUMER FEDERATION OF AMERICA and Public Citizen, Plaintiffs, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, District of Columbia.

August 29, 1995.

Attorney(s) appearing for the Case

Paul R.Q. Wolfson, Leslie A. Brueckner, Public Citizen Litigation Group, Washington, DC, for plaintiffs.

David Schanzer, Sheila Lieber, U.S. Department of Justice, Washington, DC, for defendant.

MEMORANDUM OPINION

KESSLER, District Judge.

I. Introduction

Plaintiffs bring this action under the Administrative Procedure Act ("APA"), 5 U.S.C. § 551, et seq. challenging regulations issued by the Defendant, the Department of Health and Human Services, implementing the Clinical Laboratories Improvement Amendments of 1988, 42 U.S.C. § 263a.

Upon consideration of the parties' cross-motions for summary judgment...

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