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CHASE BREXTON HEALTH SERVICES, INC. v. MARYLAND

No. 04-1710.

411 F.3d 457 (2005)

CHASE BREXTON HEALTH SERVICES, INCORPORATED; Choptank Community Health System, Incorporated; Community Clinic, Incorporated; Park West Health System, Incorporated; People's Community Health Center, Incorporated; Three Lower Counties Community Health Services, Incorporated; Total Health Care, Incorporated, Plaintiffs-Appellants, v. The State of MARYLAND, Department of Health and Mental Hygiene, Defendant-Appellee, and Nelson Sabatini, Secretary, State of Maryland Department of Health and Mental Hygiene, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 2005.

Attorney(s) appearing for the Case

ARGUED: James Leo Feldesman, Feldesman Tucker Leifer Fidell, L.L.P., Washington, D.C., for Appellants. Joel Lewis Tornari, Office of the Attorney General of Maryland, Department of Health & Mental Hygiene, Baltimore, Maryland, for Appellee. ON BRIEF: Kathy S. Ghiladi, Feldesman Tucker Leifer Fidell, L.L.P., Washington, D.C., for Appellants. J. Joseph Curran, Jr., Attorney General of Maryland, Elizabeth M. Kameen, Assistant Attorney General, Baltimore, Maryland, for Appellee.

Before WILKINS, Chief Judge, NIEMEYER, Circuit Judge, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINS and Judge WILSON joined.

OPINION

NIEMEYER, Circuit Judge.

Seven healthcare providers commenced this action under 42 U.S.C. § 1983 against the Secretary of the Maryland Department of Health and Mental Hygiene, challenging Maryland's method for reimbursing plaintiffs under Maryland's Medicaid plan on the basis that the method violated the...

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