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MACKENZIE MEDICAL SUPPLY, INC. v. LEAVITT

No. 06-1630.

506 F.3d 341 (2007)

MacKENZIE MEDICAL SUPPLY, INCORPORATED, Plaintiff-Appellant, v. Michael O. LEAVITT, in his capacity as Secretary of Health and Human Services, Defendant-Appellee, and Tommy G. Thompson, in his capacity as Secretary of the United States Department of Health and Human Services, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 2007.

Attorney(s) appearing for the Case

ARGUED: David C. Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellant. Howard S. Scher, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee. ON BRIEF: Derek T. Ho, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellant. Peter D. Keisler, Assistant Attorney General, Rod J. Rosenstein, United States Attorney, Anthony J. Steinmeyer, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee.

Before TRAXLER, Circuit Judge, HAMILTON, Senior Circuit Judge, and ROBERT J. CONRAD, JR., Chief United States District Judge for the Western District of North Carolina, sitting by designation.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge TRAXLER and Judge CONRAD joined.

OPINION

HAMILTON, Senior Circuit Judge:

In this action, MacKenzie Medical Supply, Inc. (MacKenzie) seeks to set aside the Secretary of the United States Department of Health and Human Services' (the Secretary) determination that it overpaid MacKenzie $508,747.57 in Medicare reimbursement payments for 135 power wheelchairs that MacKenzie...

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