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CRESTVIEW PARKE CARE CENTER v. THOMPSON

No. 02-4084.

373 F.3d 743 (2004)

CRESTVIEW PARKE CARE CENTER, Petitioner, v. Tommy THOMPSON; United States Department of Health and Human Services, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2004.

Attorney(s) appearing for the Case

Geoffrey E. Webster (argued and briefed), Columbus, OH, for Petitioner.

Robert C. Stephens (argued and briefed), United States Department of Health & Human Services, Office of the General Counsel, Region V, Chicago, IL, for Respondents.

Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which MARTIN, J., joined. KENNEDY, J. (pp. 757-59), delivered a separate opinion concurring in part and dissenting in part.

KAREN NELSON MOORE, Circuit Judge.

Petitioner Crestview Parke Care Center ("Crestview"), a skilled nursing facility, appeals an order holding Crestview responsible for a $27,600 civil money penalty ("penalty"). Following several inspections of Crestview's Cincinnati facility in 1999, Respondent...

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