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ELGIN NURSING AND REHAB. v. U.S. DEPT. OF HEALTH

No. 12-60086.

718 F.3d 488 (2013)

ELGIN NURSING AND REHABILITATION CENTER, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Fifth Circuit.

May 17, 2013.

Attorney(s) appearing for the Case

Juliann Hale Panagos (argued), Crain, Caton & James, P.C., Houston, TX, Michael Dwayne Seale (argued), Crain, Caton & James, P.C., Victoria, TX, for Petitioner.

Edmond Dante Anderson, III (argued), Esq., Assistant Regional Counsel, U.S. Department of Health & Human Services, Office of the General Counsel, Region VI, Dallas, TX, Mike Polston , U.S. Department of Health & Human Services, Office of the General Counsel, Baltimore, MD, for Respondent.

Before STEWART, Chief Judge, SMITH and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Elgin Nursing and Rehabilitation Center ("Elgin") seeks review of a final decision of the Department of Health and Human Services ("DHHS") upholding a ruling of an administrative law judge ("ALJ") affirming a determination by the Center for Medicare and Medicaid Services ("CMS") that Elgin had violated certain safety requirements by serving "undercooked" eggs to its elderly residents. We grant...

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