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COMMUNITY CARE FOUNDATION v. THOMPSON

No. 01-5295.

318 F.3d 219 (2003)

COMMUNITY CARE FOUNDATION, f/k/a Northwest Medical System, Inc., d/b/a Northwest Medical Center, Appellee, v. Tommy G. THOMPSON, Secretary of the United States Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 2003.

Attorney(s) appearing for the Case

Richard A. Olderman, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Barbara C. Biddle, Assistant Director, U.S. Department of Justice.

Dan M. Peterson argued the cause and filed the brief for appellee.

Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This is an appeal from the district court's ruling which reversed a decision of the Secretary of Health and Human Services ("HHS") that denied pass through treatment for certain costs incurred by a provider during its participation in a nursing education program. Community Care Found. v. Thompson, No. 99CV02947 (D.D.C. June 18, 2001). Finding the rule relied upon by the...

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