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VIA CHRISTI REGIONAL MEDICAL CENTER v. LEAVITT

No. 06-3402.

509 F.3d 1259 (2007)

VIA CHRISTI REGIONAL MEDICAL CENTER, INC., successor-in-interest to St. Joseph Medical Center, Inc., Plaintiff-Appellant, v. Michael O. LEAVITT, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 7, 2007.

Attorney(s) appearing for the Case

Robert E. Mazer, Ober, Kaler, Grimes & Shriver, Baltimore, Maryland (Stephen E. Robison and Lyndon W. Vix, Fleeson, Gooing, Coulson & Kitch, LLC, Wichita, Kansas; Robert L. Heath, Via Christri Health System, Inc., Wichita, KS, with him on the briefs), for Plaintiff-Appellant.

Joel McElvain, United States Department of Justice, Civil Division, Washington, D.C., (Peter D. Keisler, Acting Attorney General; Eric F. Melgren, United States Attorney, State of Kansas, Kansas City, Kansas; Michael Raab, United States Department of Justice, Civil Division, Washington D.C.; Daniel Meron, General Counsel, Kathleen H. McGuan, Associate General Counsel, Mark D. Polston, Deputy Associate General Counsel for Litigation, David Hoskins, Attorney, Office of the General Counsel, U.S. Department of Health and Human Services, of Counsel, with him on the brief), for Defendant-Appellee.

Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Via Christi Regional Medical Center, Inc. ("Via Christi") appeals the decision of the district court, which affirmed the denial of Via Christi's request for reimbursement for Medicare depreciation expenses by Michael O. Leavitt, the Secretary of Health and Human Services (the "Secretary"). Via Christi is the successor-in-interest to St. Joseph Medical Center, Inc. ("St.Joseph"), and Via Christi argues that the Secretary must reimburse it for...

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