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AMERICAN SOC. OF CONSULT. PHARMACISTS v. CONCANNON

No. 02-CV-115-B-S.

214 F.Supp.2d 23 (2002)

AMERICAN SOCIETY OF CONSULTANT PHARMACISTS, Plaintiff v. Kevin CONCANNON, Commissioner, Maine Department of Human Services, Defendant

United States District Court, D. Maine.

August 19, 2002.

Attorney(s) appearing for the Case

Catherine R. Connors, Daniel M. Snow, Clifford Ruprecht, Esq., Pierce, Atwood, Portland, ME, David J. Farber, Esq., Patton, Boggs & Blow, Washington, DC, for American Society of Consultant Pharmacists, plaintiff.

Jerrol A. Crouter, Brian D. Willing, Esq., Drummond, Woodsum & Macmahon, Portland, ME, Doris A. Harnett, Assistant Attorney General, Augusta, ME, Thomas H. Lawrence, Esq., Lawrence & Russel, LLP, Memphis, TN, G. Steven Rowe, Esq., Attorney General, Office of the Attorney General, Augusta, ME, for State of Maine Department of Human Services, defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SINGAL, District Judge.

An organization representing pharmacists sued the Maine Department of Human Services (DHS), alleging that DHS violated federal Medicaid law and state administrative procedure when it imposed an emergency rule reducing reimbursement rates for prescription drugs. Presently before the Court is Plaintiff's Motion for Preliminary Injunction (Docket # 13). Having held an evidentiary hearing August...

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