321 F.3d 1134: Pharmaceutical Research and Manufacturers of America, Appellant, v. Tommy G. Thompson, in His Official Capacity As, Secretary, United States Department of Health and Human Services, et al., Appellees

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United States Court of Appeals, District of Columbia Circuit. - 321 F.3d 1134

March 5, 2003

BEFORE: EDWARDS, HENDERSON, and RANDOLPH, Circuit Judges.

PER CURIAM.

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O R D E R

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Upon consideration of federal appellees' petition for rehearing filed February 7, 2003, it is

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ORDERED that the petition be granted. It is

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FURTHER ORDERED that the opinion in Pharmaceutical Research and Manufacturers of America v. Thompson, 313 F.3d 600 (D.C.Cir.2002), be amended as follows:

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Delete the last sentence of the second paragraph, "We therefore reverse the judgment of the District Court and enter judgment for PhRMA."

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Insert in lieu thereof:

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The judgment is reversed and the case is remanded for entry of an appropriate judgment by the District Court.

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Delete the last clause of the last paragraph of the opinion. The last paragraph of the opinion now reads:

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For the aforementioned reasons, the judgment of the District Court is hereby reversed and the case remanded for entry of an appropriate judgment.