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SHERLEY v. SEBELIUS

Civ. No. 1:09-cv-1575 (RCL).

704 F.Supp.2d 63 (2010)

Dr. James L. SHERLEY, et al., Plaintiffs, v. Kathleen SEBELIUS, et al., Defendants.

United States District Court, District of Columbia.

August 23, 2010.

Attorney(s) appearing for the Case

Thomas G. Hungar, Bradley Jason Lingo, Gibson, Dunn & Crutcher, LLP, Steven Henry Aden, Alliance Defense Fund, Washington, DC, Samuel B. Casey, Advocates International, Springfield, VA, for Plaintiffs.

Eric R. Womack, Joel L. McElvain, Kyle Renee Freeny, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

I. INTRODUCTION

This matter comes before the Court on plaintiffs' Motion [3] for a Preliminary Injunction. Previously, this Court dismissed this case for lack of standing and denied plaintiffs' motion for a preliminary injunction as moot. Plaintiffs appealed. On appeal, plaintiffs argued that plaintiffs Drs. Sherley and Diesher had competitor standing and conceded that other plaintiffs...

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