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ROBERT F. KENNEDY MEDICAL CENTER v. LEAVITT

No. 06-56367.

526 F.3d 557 (2008)

ROBERT F. KENNEDY MEDICAL CENTER, Plaintiff-Appellant, v. Michael O. LEAVITT, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2008.

Attorney(s) appearing for the Case

Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, CA, for the plaintiff-appellant.

Michael S. Raab, Joel McElvain, U.S. Department of Justice, Washington, D.C., for the defendant-appellee.

Before: ALFRED T. GOODWIN, HARRY PREGERSON, and D.W. NELSON, Circuit Judges.

GOODWIN, Circuit Judge:

Robert F. Kennedy Medical Center ("RFK") appeals the district court's summary judgment, which affirmed the denial of RFK's Medicare reimbursement request by the Secretary of Health and Human Services ("Secretary"). RFK contends that the Secretary must reimburse it for depreciation losses resulting from its disposal of assets through a statutory merger. The district court held that RFK is not eligible for reimbursement because this merger did...

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