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FLORIDA PHARMACY ASS'N v. COOK

No. 4:97CV322-RH.

17 F.Supp.2d 1293 (1998)

THE FLORIDA PHARMACY ASSOCIATION, et al., Plaintiffs, v. Douglas M. COOK, et al., Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

September 4, 1998.

Attorney(s) appearing for the Case

Christopher Brian Lunny, Alan Harrison Brents, Daniel Cramer Brown, Katz Kutter Haigler Etc, Tallahassee, FL, for the Florida Pharmacy Association, John B. Williams, William C. Napier, and Randall McElhenny, plaintiffs.

Steven Alfons Grigas, Gordon Beveridge Scott, Health Care Administration, State of Florida, Tallahassee, FL, for Douglas Cook, Jerry Wells, and Richard Lutz, defendants.

MEMORANDUM OPINION

HINKLE, District Judge.

In this action three individual pharmacists and the Florida Pharmacy Association challenge the State of Florida's proposed implementation of a variable fee schedule for medicaid reimbursements to pharmacies. Plaintiffs allege that implementation of the variable fee schedule will violate federal law. The matter has been tried to the court.

For the reasons that follow, I conclude that, with one possible...

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