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MACKENZIE MEDICAL SUPPLY, INC. v. LEAVITT

No. CIV. AMD 04-2807.

419 F.Supp.2d 766 (2006)

MACKENZIE MEDICAL SUPPLY, INC., Plaintiff v. Michael O. LEAVITT, Secretary, U.S. Department of Health and Human Services, Defendant

United States District Court, D. Maryland.

March 14, 2006.

Attorney(s) appearing for the Case

Christopher W. Mahoney, Duane Morris LLP, Washington, DC, for Plaintiff.

Elisabeth Layton, United States Department of Justice Federal Programs Branch, Washington, DC, for Defendant.

MEMORANDUM OPINION

DAVIS, District Judge.

The plaintiff, MacKenzie Medical Supply, Inc.,1 is a supplier of durable medical equipment ("DME"), and in particular, power-operated wheelchairs. In its three-count complaint, MacKenzie seeks judicial review of a determination by the defendant, the Secretary of Health and Human Services ("Secretary"), that it was overpaid $508,747.57 in Medicare reimbursement for wheelchairs it sold...

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