|
 United
States Court of Appeals
For the District of Columbia Circuit
| No.
00-5364
|
September
Term, 2000
99cv01170
Filed On:
December 15, 2000 |
|
Jim J. Tozzi, in his personal capacity, and as
President of Multinational
Business Services, Inc., et al.,
Appellants |
|
v.
|
|
| U.S. Department of Health and Human
Services, et al.,
Appellees
|
|
|
BEFORE: Sentelle,
Henderson, and Rodgers, Circuit Judges |
O R D E R
Upon consideration of the motion for
injunction pending appeal, the response thereto, and the reply; and the
motion for summary affirmance, and the response thereto, it is
ORDERED that the motion for an injunction
pending appeal be denied. Appellants have not satisfied the stringent
standards required for the injunctive relief sought. See Washington
Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d
841, 843 (D.C. Cir. 1977); D.C. Circuit Handbook of Practice and
Internal Procedure 32 (2000). It is
ORDERED that the motion for summary
affirmance be denied. The merits of the parties positions are not so clear
as to warrant summary action. See Taxpayer Watchdog, Inc. v.
Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v.
Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert denied,
449 U.S. 994 (1980).
Because the court has determined that
summary disposition is not in order, the Clerk is instructed to calendar
this case for presentation to a merits panel.
Per Curiam
|
BY: |
FOR THE COURT
Mark J. Lange, Clerk
Elizabeth Scott
Deputy Clerk |
|
