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COUNCIL FOR UROLOGICAL INTERESTS v. SEBELIUS

Civil Action No. 09-00546 (HHK).

754 F.Supp.2d 78 (2010)

COUNCIL FOR UROLOGICAL INTERESTS, Plaintiff, v. Kathleen SEBELIUS, in her official capacity as Secretary of the Department of Health and Human Services, and United States of America, Defendants.

United States District Court, District of Columbia.

December 10, 2010.

Attorney(s) appearing for the Case

Gordon A. Coffee, Thomas Lee Mills, Winston & Strawn, Washington, DC, for Plaintiff.

Jacqueline E. Coleman Snead, Nicholas P. Cartier, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

HENRY H. KENNEDY, JR., District Judge.

Plaintiff Council for Urological Interests ("CUI") brings this action against the United States and Kathleen Sebelius, in her official capacity as Secretary of the Department of Health and Human Services, under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706, and the Regulatory Flexibility Act ("RFA"), 5 U.S.C. §§ 601-612. CUI alleges that the Centers for Medicare...

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