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LOMA LINDA UNIVERSITY MEDICAL CENTER v. LEAVITT

Nos. 05-56341, 05-56497.

492 F.3d 1065 (2007)

LOMA LINDA UNIVERSITY MEDICAL CENTER, Plaintiff-Appellee, v. Michael O. LEAVITT, Secretary of Health and Human Services, Defendant-Appellant. Loma Linda University Medical Center, Plaintiff-Appellant, v. Michael O. Leavitt, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2007.

Attorney(s) appearing for the Case

Susan Maxson Lyons, United States Department of Justice, Washington, DC, for defendant-appellant-appellee.

Lloyd A. Bookman, Los Angeles, CA, for the plaintiff-appellee-appellant.

Before: D.W. NELSON, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

RYMER, Circuit Judge:

The main problem presented in these appeals by the Secretary of Health and Human Services (HHS) and Loma Linda University Medical Center, arising from a dispute over reimbursement under the Medicare program, is one of statutory interpretation. The question is whether the Provider Reimbursement Review Board has jurisdiction over a Medicare provider's appeal of a cost that was allowable under the Medicare regulations, but that the provider failed...

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