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MAXIMUM COMFORT, INC. v. SEC. OF HEALTH AND HUMAN SERV.

No. 05-15832.

512 F.3d 1081 (2007)

MAXIMUM COMFORT INC., Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES; Michael O. Leavitt, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2007.

Attorney(s) appearing for the Case

Howard S. Scher, Assistant United States Attorney, Civil Division, Washington, D.C., for the defendants-appellants.

David C. Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for the plaintiff-appellee.

Before: MARY M. SCHROEDER, WILLIAM C. CANBY, JR. and M. MARGARET McKEOWN, Circuit Judges.

CANBY, Circuit Judge:

Appellant, the Secretary of Health and Human Services, administers the federal Medicare program. Appellee Maximum Comfort, Inc. supplies power-operated wheelchairs to Medicare beneficiaries. The Secretary determined that Maximum Comfort was not entitled to reimbursement for equipment it supplied to certain Medicare beneficiaries, because the company did not establish sufficiently that the power wheelchairs were medically necessary. Maximum Comfort...

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