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WOODSTOCK CARE CENTER v. THOMPSON

No. 01-3889.

363 F.3d 583 (2003)

WOODSTOCK CARE CENTER, Plaintiff-Petitioner, v. Tommy THOMPSON, Secretary, and United States Department of Health and Human Services, Defendants-Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 17, 2003.

Rehearing and Suggestion for Rehearing Denied February 20, 2004.

Attorney(s) appearing for the Case

Geoffrey E. Webster (argued and briefed), Eric B. Hershberger (briefed), Columbus, Ohio, for Petitioner.

Sheila Ann Hegy (argued and breifed), Office of the Chief Counsel, Chicago, Illinois, for Respondent.

Before: BOGGS, Chief Judge; BATCHELDER, Circuit Judge; and OBERDORFER, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 20, 2004.

OPINION

BOGGS, Chief Judge.

Woodstock Care Center ("Woodstock"), in an action against United States Department of Health and Human Services ("HHS") and Tommy Thompson, in his capacity as Secretary of the HHS, seeks review of a Civil Monetary Penalty ("CMP") imposed against Woodstock by the Health Care Financing Administration ("HCFA"),1 an agency...

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