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UHI, INC. v. THOMPSON

No. 99-4418.

250 F.3d 993 (2001)

UHI, INC., d/b/a University Hospital, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 9, 2001.

Attorney(s) appearing for the Case

ARGUED: Mark J. Wasserman, BECKMAN, WEIL, SHEPARDSON & FALLER, Cincinnati, Ohio, for Appellant.

Ted Yasuda, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, Chicago, Illinois, for Appellee.

ON BRIEF: Mark J. Wasserman, BECKMAN, WEIL, SHEPARDSON & FALLER, Cincinnati, Ohio, for Appellant.

Ted Yasuda, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, Chicago, Illinois, Donetta D. Wiethe, Cincinnati, Ohio, for Appellee.

Before MERRITT, NELSON, and SUHRHEINRICH, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

MERRITT, Circuit Judge.

This case arises under the Medicare Act and concerns plaintiff University Hospital's appeal of the decision by the Department of Health and Human Services concerning the amount the plaintiff should be reimbursed for medical education expenses. Because the Department's decision rested on the plaintiff's procedural default in failing to file the necessary documents with the Department...

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