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PARK MANOR, LTD. v. U.S. DEPT. OF HHS

No. 06-3521.

495 F.3d 433 (2007)

PARK MANOR, LTD., Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 2007.

Attorney(s) appearing for the Case

Robert M. Hesslink, Jr. (argued), Verona, WI, for Petitioner.

Michael O. Leavitt, Department of Health and Human Services, Washington, DC, Donna Morris Weinstein, Barbara F. Altman (argued), Department of Health and Human Services, Office of the General Counsel, Chicago, IL, Richard D. Humphrey, Office of U.S. Attorney, Madison, WI, for Respondent.

Before POSNER, MANION, and KANNE, Circuit Judges.

POSNER, Circuit Judge.

The petitioner, Park Manor, a nursing home, asks us to reverse the denial by HHS's Departmental Appeals Board of an award of attorneys' fees under two provisions of the Equal Access to Justice Act, 5 U.S.C. §§ 504(a)(1) and (4). We have jurisdiction because, had Park Manor lost before the Board and sought judicial review, we would have had jurisdiction of that review proceeding. 42 U.S.C. § 1320a-7a(e).

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