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S.C. MANAGEMENT, INC. v. LEAVITT

No. 1:05CV12 CDP.

413 F.Supp.2d 1041 (2005)

S.C. MANAGEMENT, INC., formerly d/b/a Twin Rivers Regional Medical Center, Plaintiff, v. Mike LEAVITT, Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, E.D. Missouri, Southeastern Division.

Order Amending Judgment December 1, 2005.

Attorney(s) appearing for the Case

James F. Bennett, Bryan Cave LLP, Megan S. Heinsz, Bryan Cave LLP, St. Louis, MO, Jordan B. Keville, Hooper Lundy & Bookman, Inc., Jon P. Neustadter, Hooper Lundy & Bookman, Inc., Los Angeles, CA, for Plaintiff.

Andrew J. Lay, Office of U.S. Attorney, St. Louis, MO, for Defendant.

MEMORANDUM AND ORDER

PERRY, District Judge.

Plaintiff S.C. Management (Twin Rivers) seeks judicial review of a decision by the Secretary of Health and Human Services, denying it a new provider exemption from routine cost limits for the skilled nursing facility it opened in 1992. Both parties now move for summary judgment. Because the Secretary's decision ignored the plain language and purpose behind...

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