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MAXIMUM HOME HEALTH CARE v. SHALALA

No. 00-6240.

272 F.3d 318 (2001)

MAXIMUM HOME HEALTH CARE, INC., Plaintiff-Appellant, v. Donna E. SHALALA, as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 15, 2001.

Attorney(s) appearing for the Case

John P. Konvalinka (argued and briefed), James S. McDearman (briefed), Grant, Konvalinka & Harrison, Chattanooga, TN, for Plaintiff-Appellant.

Michael L. Roden (briefed), Asst. U.S. Attorney, Nashville, TN, Howard H. Lewis (argued), Department of Health and Human Services, Office of the General Counsel, Atlanta, GA, for Defendant-Appellee.

Before: MERRITT, SILER, and DAUGHTREY, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

This case arises under Title XVIII of the Social Security Act (the "Medicare Act"), 42 U.S.C. § 1395 et seq., as a challenge to the denial of reimbursement of costs for providing health care to Medicare patients. Plaintiff Maximum Home Healthcare, Inc. ("Maximum") appeals the district court's judgment affirming the denial of Medicare reimbursements by Department of Health and Human Services Secretary Donna Shalala...

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