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LAKE MEDICAL CENTER v. THOMPSON

No. 00-5141.

243 F.3d 568 (2001)

LAKE MEDICAL CENTER, Appellant, v. Tommy G. THOMPSON, Secretary of the Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 2001.

Attorney(s) appearing for the Case

Patric Hooper argued the cause and filed the briefs for appellant.

Sonia M. Orfield, Attorney, U.S. Department of Health and Human Services, argued the cause for appellee. With her on the brief were Harriet S. Rabb, General Counsel, Sheree R. Kanner, Associate General Counsel, Henry R. Goldberg, Deputy Associate General Counsel, David W. Ogden, Assistant Attorney General, U.S. Department of Justice, and Wilma A. Lewis, U.S. Attorney.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Opinion concurring in part and dissenting in part filed by Circuit Judge SENTELLE.

RANDOLPH, Circuit Judge:

At issue is the valuation of hospital assets for purposes of reimbursement under the Medicare statute, 42 U.S.C. § 1395 et seq. Nu-Med, Inc., through its subsidiary Nu-Med Lake, purchased a general hospital in Florida — the Lake...

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