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NATIONAL MEDICAL ENTERPRISES, INC. v. SHALALA

No. 93-5247.

43 F.3d 691 (1995)

NATIONAL MEDICAL ENTERPRISES, INC., a Nevada Corporation, d/b/a Century City Hospital, Appellant, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1995.

Attorney(s) appearing for the Case

Byron J. Gross argued the cause, for appellant. With him on the briefs, were John R. Hellow and W. David Allen.

Stuart M. Langbein, Atty., U.S. Dept. of Health and Human Services, argued the cause, for appellee. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., Frank W. Hunger, Asst. Atty. Gen., and Henry R. Goldberg, Darrell J. Grinstead and Harriet S. Rabb, Attys., U.S. Dept. of Health and Human Services. R. Craig Lawrence, Asst. U.S. Atty., and Gerard Keating, Atty., U.S. Dept. of Health and Human Services, entered appearances, for appellee.

Before EDWARDS, Chief Judge, and SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

National Medical Enterprises, Inc., doing business as Century City Hospital (the "Hospital"), appeals a decision of the district court granting the Secretary of Health and Human Services ("HHS"), Donna Shalala (the "Secretary"), summary judgment on the Hospital's challenge to her decision approving the reclassification of the Hospital's labor costs associated with the administration...

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