UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
September 11, 2001
NATIONAL ASSOCIATION OF CHAIN DRUG STORES, AND NATIONAL COMMUNITY PHARMACISTS ASSOCIATION PLAINTIFFS,
THE HONORABLE TOMMY G. THOMPSON, AND THOMAS A. SCULLY DEFENDANTS.
The opinion of the court was delivered by: Paul L. Friedman United States District Judge
The case came before the Court on plaintiffs' Motion For A Preliminary Injunction. The Court has considered the motion and the defendants' opposition thereto, as well as the arguments presented by counsel at a hearing on the matter on September 6, 2001. The Court found that plaintiffs have a substantial likelihood of success on the merits of their claim that defendants violated the Administrative Procedure Act and acted without legal authority in creating the Medicare Rx Discount Card Program. The Court also concluded that unless enjoined, defendants' actions are likely to cause plaintiffs and their members irreparable harm for which no adequate remedy at law exists.
For the reasons stated by the Court in open court at the conclusion of the hearing and as memorialized in the transcript of that hearing, it is hereby ORDERED that plaintiffs' Motion For A Preliminary Injunction is GRANTED; and it is
FURTHER ORDERED that defendants are enjoined from implementing the Medicare Rx Discount Card Program that was announced by the President on July 12, 2001 and published in the Federal Register on July 18, 2001.
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