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MERCY HOME HEALTH v. LEAVITT

No. 05-2082.

436 F.3d 370 (2006)

MERCY HOME HEALTH, Appellant v. Michael O. LEAVITT, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Filed: February 3, 2006.

Attorney(s) appearing for the Case

Mark H. Gallant (argued), Kimberly A. Hynes, Cozen & O'Connor, Philadelphia, PA, for Appellant.

Patrick L. Meehan, United States Attorney, Virginia A. Gibson, Assistant United States Attorney, Chief, Civil Division, Annetta F. Givhan, Office of the United States Attorney, Philadelphia, PA, Jan M. Lundelius (argued), Department of Health & Human Services, Office of the General Counsel, Philadelphia, PA, for Appellee.

Before RENDELL, FISHER, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this Court on an appeal by Mercy Home Health ("MHH") from an order of the district court entered March 18, 2005, granting summary judgment in favor of the Secretary of Health and Human Services (the "Secretary"). MHH sought review in the district court of the Secretary's final decision denying certain Medicare reimbursements...

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