New York State Ophthalmological Society v. Otis R. Bowen, Secretary, Health and Human Services
Court of Appeals for the D.C. Circuit
1Opinion of the Court
*1381Opinion for the Court filed by Circuit Judge MIKVA.
Concurring Opinion filed by Circuit Judge STEPHEN F. WILLIAMS.
MIKVA, Circuit Judge:
This is a consolidated appeal from a district court judgment for appellee, the Secretary of the Department of Health and Human Services (“HHS”), in a class action brought by individual ophthalmologists, their patients, and two professional associations in New York and California suing on behalf of all ophthalmologists and cataract patients in those states (“appellants”). Appellants challenge the constitutionality of § 9307(c) of the Consolidated Omnibus Budget…
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