United States District Court, District of Columbia
January 29, 2003
NATIONAL ASSOCIATION OF CHAIN DRUG STORES, AND NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, PLAINTIFFS,
THE HONORABLE TOMMY G. THOMPSON, AND THOMAS A. SCULLY, DEFENDANTS. AMERICAN PHARMACEUTICAL ASSOCIATION INTERVENOR
The opinion of the court was delivered by: Paul L. Friedman, United States District Judge
ORDER AND JUDGMENT
This case came before the Court on cross motions for summary judgment.
The Court heard argument on January 29, 2003. For the reasons stated in
open court, it is hereby
ORDERED that plaintiffs' motion for summary judgment  is GRANTED with
respect to Count I of plaintiffs' amended complaint; it is
FURTHER ORDERED that plaintiffs' motion for summary judgment  is
DENIED as moot with respect to Count II of plaintiffs' amended
complaint; it is
FURTHER ORDERED that defendants' motion for summary judgment  is
DENIED; it is
FURTHER ORDERED that judgment is entered for plaintiffs; it is
FURTHER ORDERED that defendants are permanently enjoined from
implementing the Medicare-Endorsed Prescription Drug Card Assistance
Initiative, published at 67 Fed. Reg. 56618 (Sept. 4, 2002); and it is
FURTHER ORDERED that this Order and Judgment shall constitute a FINAL
JUDGMENT in this case. This is a final appealable order. See
Rule 4(a), FED. R. APP. P.
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