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ROBERT WOOD JOHNSON UNIVERSITY HOSP. v. THOMPSON

No. 01-2555.

297 F.3d 273 (2002)

ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, a Non-Profit Corporation, Appellant, v. Tommy G. THOMPSON, United States Department of Health and Human Services.

United States Court of Appeals, Third Circuit.

Filed July 12, 2002.

Attorney(s) appearing for the Case

Robert L. Roth (Argued), Crowell & Moring, Washington, D.C., for appellant.

Robert J. Cleary, United States Attorney, Susan Handler-Menahem (Argued), Assistant United States Attorney, Office of the United States Attorney, Newark, N.J., for appellee.

Before: SLOVITER, AMBRO and SHADUR, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Robert Wood Johnson University Hospital (Hospital), which is located in New Brunswick, New Jersey, sought reimbursement from Medicare for the Federal Fiscal Year (FFY) 2002 using the average hourly wage (a component of the reimbursement rate) of hospitals located in New York City, 12 miles away, with which it competes for its staff. There is a procedure under Medicare...

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