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BATTLE CREEK HEALTH SYSTEM v. LEAVITT

No. 06-1775.

498 F.3d 401 (2007)

BATTLE CREEK HEALTH SYSTEM; Trinity Health-Michigan, Plaintiffs-Appellants, v. Michael LEAVITT, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2007.

Attorney(s) appearing for the Case

ARGUED: John R. Trentacosta, Foley & Lardner, Detroit, Michigan, for Appellants. Jacqueline M. Zydeck, Office of the General Counsel, Chicago, Illinois, for Appellee. ON BRIEF: John R. Trentacosta, H. William Burdett, Jr., Foley & Lardner, Detroit, Michigan, for Appellants. Jacqueline M. Zydeck, Office of the General Counsel, Chicago, Illinois, J. Joseph Rossi, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. Michael J. Philbrick, Joan L. Lowes, Hall, Render, Killian, Health, & Lyman, Troy, Michigan, for Amicus Curiae.

Before: BOGGS, Chief Judge; BATCHELDER and GRIFFIN, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Plaintiffs-appellants Battle Creek Health System ("Battle Creek") and Trinity Health-Michigan ("Trinity Health"), doing business as Mercy General Health Partners, are acute-care hospitals and participating Medicare providers located in southwestern Michigan. Plaintiffs brought the present action against defendant-appellee Michael Leavitt, Secretary of the United States Department of Health and Human Services ("defendant" or...

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