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UNIVERSITY MEDICAL CENTER OF SO. NEV. v. THOMPSON

No. 02-17278.

380 F.3d 1197 (2004)

UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2004.

Attorney(s) appearing for the Case

Edith S. Marshall, Powers, Pyles, Sutter & Verville, P.C., Washington, DC, Stewart L. Bell, Janet F. Stewart, Mark E. Wood, Office of the District Attorney, Las Vegas, NV, for the appellant.

Robert D. McCallum, Jr., Daniel G. Bogden, Anthony J. Steinmeyer, Anne Murphy, Department of Justice, Civil Division, Washington, DC, for the appellee.

Before: TASHIMA and CLIFTON, Circuit Judges, and LEIGHTON, District Judge.

LEIGHTON, District Judge:

University Medical Center of Southern Nevada ("UMC") appeals a decision of the district court rejecting its interpretation of the qualifications for a "disproportionate share adjustment" under that portion of the Medicare statute authorizing additional payments to hospitals serving disproportionate numbers of low-income patients.

I. Facts and Procedural History

Medicare provides health insurance benefits to participating...

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