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ASHTABULA COUNTY MEDICAL CENTER v. THOMPSON

Nos. 02-3410, 02-3425.

352 F.3d 1090 (2003)

ASHTABULA COUNTY MEDICAL CENTER, Plaintiff-Appellee/Cross-Appellant, v. Tommy G. THOMPSON, Secretary of Health and Human Services, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 19, 2003.

Attorney(s) appearing for the Case

ARGUED: Anthony A. Yang, United States Department of Justice, Washington, D.C., for Appellant.

David M. Levine, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, for Appellee.

ON BRIEF: Anthony A. Yang, Barbara C. Biddle, United States Department of Justice, Washington, D.C., for Appellant.

David M. Levine, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, Mark D. Tucker, Benesch, Friedlander, Coplan & Aronoff, Columbus, Ohio, for Appellee.

Before BOGGS, Chief Judge; NORRIS and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiff Ashtabula County Medical Center ("ACMC"), a hospital located in Ashtabula, Ohio, sought a higher rate of reimbursement for the care provided in its skilled nursing facility ("SNF") than that allowed by the United States Department of Health and Human Services ("HHS"). ACMC filed suit in federal court seeking review of a final decision of the Provider Reimbursement...

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