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BAPTIST HEALTH v. THOMPSON

No. 05-4372.

458 F.3d 768 (2006)

BAPTIST HEALTH, doing business as Baptist Memorial Medical Center-North Little Rock, Appellant, v. Tommy G. THOMPSON, in his official capacity as Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2006.

Attorney(s) appearing for the Case

Dan M. Peterson, argued, Washington, D.C. (Stephen M. McNabb, on the brief), for appellant.

Jonathan H. Levy, argued, Washington, D.C. (Peter D. Keisler, H.E. (Bud) Cummins, and Scott R. McIntosh, on the brief), for appellee.

Before SMITH, HEANEY and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Baptist Memorial Medical Center-North Little Rock ("Baptist Memorial") challenges a decision by the Secretary of the Department of Health and Human Services ("HHS") denying, for Medicare reimbursement purposes, "approved educational activity" status for classroom costs incurred by Baptist Memorial in connection with its affiliation with a nursing school. The district court1

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