ESTATE OF Marion LANDERS, as represented by its executor, Richard Landers, Marion A. Dixon, and Muriel Grigley, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants-Cross-Appellees,
v.
Michael O. LEAVITT, Secretary of the Department of Health and Human Services, Defendant-Appellee-Cross-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: May 7, 2008.
Decided: October 1, 2008.
Attorney(s) appearing for the Case
Gill Deford, Willimantic, CT (Judith A. Stein, Brad S. Plebani, Wey-Wey Kwok, Willimantic, CT, Sally Hart, Tucson, AZ, Toby Edelman, Washington, D.C., on the brief), Center for Medicare Advocacy, for Plaintiffs-Appellants-Cross-Appellees.
Lewis S. Yelin, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, D.C. (Scott R. McIntosh, Attorney, Appellate Staff, Peter D. Keisler, Assistant Attorney General, Civil Division, U.S. Department of Justice, Washington, D.C., Kevin J. O'Connor, United States Attorney for the District of Connecticut, on the brief), for Defendant-Appellee-Cross-Appellant.
Carol C. Loepere (Elizabeth A. Ransom, on the brief), Reed Smith LLP, Washington, D.C., for Amici Curiae American Health Care Association, Alliance for Quality Nursing Home Care, American Association of Homes and Services for the Aging, National Association of Professional Geriatric Care Managers, Catholic Health Association of the United States, National Association for the Support of Long Term Care, and National Association of Health Care Assistances in Support of Plaintiffs-Appellants-Cross-Appellees.
Stuart R. Cohen, AARP Foundation Litigation (Bruce Vignery, Stacy Canan, AARP Foundation Litigation, Michael Schuster, AARP, on the brief), Washington, DC, for Amici Curiae AARP, Alliance for Retired Americans, California Advocates for Nursing Home Reform, Greater Boston Legal Services, Long-Term Care Community Coalition, Medicine Rights Center, Michigan Campaign for Quality Care, NCCNHR, and National Senior Citizens Law Center in Support of Plaintiffs-Appellants-Cross-Appellees.
Before: HALL and LIVINGSTON, Circuit Judges.
United States Court of Appeals, Second Circuit.
LIVINGSTON, Circuit Judge:
In this case—a dispute about how to count to three—the plaintiffs-appellants are Medicare beneficiaries who appeal from a grant of summary judgment of the United States District Court for the District of Connecticut (Hall, J.). Each of them spent at least three days in the hospital but was discharged less than three days after having been formally admitted, and each sought coverage under Part A of the Medicare program for a...
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