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MILTON HOSP. TRANSITIONAL CARE UNIT v. THOMPSON

No. CIV.A.03-0155 RBW.

377 F.Supp.2d 17 (2005)

MILTON HOSPITAL TRANSITIONAL CARE UNIT, Plaintiff, v. Tommy THOMPSON, Defendant.

United States District Court, District of Columbia.

June 27, 2005.

Attorney(s) appearing for the Case

David O. Stewart, Ropes & Gray, Washington, DC, for Plaintiff.

Paul Edwin Soeffing, U.S. Department of Health & Human Services Office of the General Counsel, Baltimore, MD, Robert E. Leidenheimer, Jr., United States Attorneys Office Civil Division, Washington, DC, for Defendant.

MEMORANDUM OPINION

WALTON, District Judge.

The plaintiff, Milton Hospital Transitional Care Unit ("Milton"), a skilled nursing facility located on the campus of Milton Hospital in Milton, Massachusetts, brings this action pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., to overturn a decision by the Secretary of the Department of Health and Human Services ("Secretary"), denying Milton a "new provider exemption...

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