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PROTESTANT MEMORIAL MEDICAL CENTER, INC. v. MARAM

No. 05-4193.

471 F.3d 724 (2006)

PROTESTANT MEMORIAL MEDICAL CENTER, INCORPORATED, doing business as Memorial Hospital, Plaintiff-Appellant, v. Barry S. MARAM, in his official capacity as the Director of the Illinois Department of Public Aid and Centers for Medicare and Medicaid Services, Defendants-Appellees, and Children's Memorial Hospital, Illinois Hospital Association, Kenneth Hall Regional Health Center, et al., Intervenors-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 2006.

Attorney(s) appearing for the Case

Terrance J. Good (argued), Lashly & Baer, St. Louis, MO, for Plaintiff-Appellant.

Mary E. Welsh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendant-Appellant Maram.

William Kanter (argued), Department of Justice, Civil Division, Appellate Section, Jeffrica Jenkins Lee, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee Centers for Medicare and Medicaid Services.

James C. Cook, Walker & Williams, Belleville, IL, Jeffrey D. Pariser (argued), Hogan & Hartson, Washington, DC, for Intervenors-Appellees.

Before EASTERBROOK, Chief Judge, and RIPPLE and WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

Protestant Memorial Medical Center, Inc., doing business as Memorial Hospital ("Memorial"), brought this action against Barry S. Maram, the director of the Illinois Department of Public Aid (now known as the Illinois Department of Healthcare and Family Services) ("Department") and a federal agency, the Centers for Medicare and Medicaid Services ("CMS"). The complaint alleged that the defendants had...

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