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UNIVERSITY MED. CTR. OF SOUTHERN NEV. v. SHALALA

No. Civ.A. 97-0560(JHG).

5 F.Supp.2d 4 (1998)

UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, Plaintiff, v. Honorable Donna E. SHALALA, Secretary, Department of Health & Human Services, Defendant.

United States District Court, District of Columbia.

May 13, 1998.

Attorney(s) appearing for the Case

Elliott Bruce Adler, Powell, Goldstein, Frazer & Murphy, Washington, DC, for Plaintiff.

Sheila Mae Lieber, U.S. Dept. of Justice, Washington, DC, Scott Sutherland Harris, U.S. Attorney's Office, Washington, DC, Alina Semo Kofsky, U.S. Dept. of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

JOYCE HENS GREEN, District Judge.

This action concerns defendant's administration of the Drug Pricing Program enacted as § 340B of the Public Health Service Act. 42 U.S.C. § 256b. Specifically, plaintiff University Medical Center of Southern Nevada ("UMC") alleges that defendant improperly excluded UMC from the list of entities eligible to receive drug discounts under the 340B program. Presently pending are plaintiff...

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