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CALIF. ASS'N OF RURAL HEALTH CLINICS v. DOUGLAS

Nos. 10-17574, 10-17622.

738 F.3d 1007 (2013)

CALIFORNIA ASSOCIATION OF RURAL HEALTH CLINICS; Avenal Community Health Center, Plaintiffs-Appellants, v. Toby DOUGLAS, Director of The California Department of Health Care Services, Mari Cantwell, Chief Deputy Director for Health Care Programs of the California Department of Health Care Services; California Department of Health Care Services, Defendants-Appellees. California Association of Rural Health Clinics; Avenal Community Health Center, Plaintiffs-Appellees, v. Toby Douglas, Director of The California Department of Health Care Services, Mari Cantwell, Chief Deputy Director for Health Care Programs of the California Department of Health Care Services; California Department of Health Care Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2013.

Amended September 17, 2013.

Attorney(s) appearing for the Case

Kathryn Ellen Doi (argued), Murphy Austin Adams Schoenfeld LLP, Sacramento, CA, for Plaintiffs-Appellants-Cross-Appellees.

Susan M. Carson (argued) and Kara Read-Spangler, Deputy Attorneys General, Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees-Cross-Appellants.

Matthew Sidney Freedus, Feldesman Tucker Leifer Fidell LLP, Washington, D.C., for Amicus Curiae National Association of Community Health Centers.

Elizabeth Charisse Saviano, Law Offices of Elizabeth C. Saviano, Oakland, CA, for Amici Curiae California Primary Care Association, San Francisco Community Clinic Consortium, California Consortium for Urban Indian Health, Center for Oral Health and Alameda Health Consortium.

Before: DOROTHY W. NELSON, A. WALLACE TASHIMA, and MARY H. MURGUIA, Circuit Judges.

ORDER

The opinion filed on July 5, 2013 is amended as follows:

On page 8 of the slip opinion, the second sentence of the third paragraph, which reads, "We reverse the district court's holding that the Clinics have a private right of action to challenge the Department's implementation of the SPA prior to obtaining approval," is stricken.

An amended opinion is filed concurrently with this order.

With this amendment, the panel unanimously votes...

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