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PALISADES GENERAL HOSPITAL INC. v. LEAVITT

No. 04-5276.

426 F.3d 400 (2005)

PALISADES GENERAL HOSPITAL INC., Appellant v. Michael O. LEAVITT, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 14, 2005.

Attorney(s) appearing for the Case

Robert L. Roth argued the cause for appellant. With him on the briefs were Clifton S. Elgarten and Fredrick R. Keith.

Paul E. Soeffing, Attorney, U.S. Department of Health & Human Services, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Kenneth L. Wainstein, U.S. Attorney, Anthony J. Steinmeyer, Attorney, Alex M. Azar, II, General Counsel, U.S. Department of Health & Human Services, and Robert P. Jaye, Acting Associate General Counsel.

Before: GINSBURG, Chief Judge, and SENTELLE and ROGERS, Circuit Judges.

ROGERS, Circuit Judge.

Palisades General Hospital appeals the partial denial of summary judgment on its claim for make-whole relief under the Medicare program. Because the Secretary of the Department of Health and Human Services failed to make timely requested corrections to wage data submitted by the hospital, it received a substantially lower level of reimbursement and sought to obtain the balance. The hospital contends that the district court, having found that...

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