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COUNTY OF LOS ANGELES v. LEAVITT

No. 06-55222.

521 F.3d 1073 (2008)

COUNTY OF LOS ANGELES, Plaintiff-Appellant, v. Michael O. LEAVITT, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2008.

Attorney(s) appearing for the Case

Tami S. Smason, Foley & Lardner LLP, Los Angeles, CA, for the plaintiff-appellant.

John S. Koppel, United States Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.

Before: B. FLETCHER, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

Opinion by Judge RYMER; Dissent by Judge REINHARDT.

RYMER, Circuit Judge:

This appeal, which involves Medicare reimbursement of indirect medical education expenses (IME) incurred by a public teaching hospital with an approved intern and resident program, presents two questions: first, whether it was arbitrary and capricious for the Secretary of Health and Human Services to interpret the Medicare statute and regulations providing for IME payment on the basis...

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