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ST. JOSEPH'S HOSP. v. LEAVITT

No. CIV.A. 04-2147(JR).

425 F.Supp.2d 94 (2006)

ST. JOSEPH'S HOSPITAL, Plaintiff, v. Michael LEAVITT, Secretary, Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

March 30, 2006.

Attorney(s) appearing for the Case

Christopher L. Keough, Vinson & Elkins, L.L.P, Washington, DC, for Plaintiff.

Marcia Kay Sowles, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiff St. Joseph's Hospital sues the Secretary of Health and Human Services (HHS) seeking APA review of his decision to deny its claim for a Medicare disproportionate share payment adjustment. Plaintiff and defendant have cross-moved for summary judgment. Because it was arbitrary or capricious to overrule the unanimous decision of an agency appellate board on the ground that St. Joseph's had failed to include...

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