District Court, District of Columbia July 21, 1995, Civ. A. 94-2726 SSH (Bristol-Myers Squibb Co. v. Shalala)

OPINION

STANLEY S. HARRIS, District Judge.

This matter is before the Court on plaintiffs motion for summary judgment, and defendants’ motion to dismiss or, in the alternative, for summary judgment. Upon consideration of the motions, the Court grants defendants’ motion to dismiss.

For purposes of a motion to dismiss, “the Court accepts as true all material allegations of the complaint.