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CATHOLIC HEALTH INITIATIVES v. SEBELIUS

No. 09-5377.

617 F.3d 490 (2010)

CATHOLIC HEALTH INITIATIVES, et al., Appellants v. Kathleen SEBELIUS, Secretary, United States Department Of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 2010.

Attorney(s) appearing for the Case

Paul D. Clement argued the cause for appellants. With him on the briefs were Christopher L. Keough and J. Harold Richards .

Irene M. Solet , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief was Michael S. Raab , Attorney. Dana L. Kaersvang , Attorney, and R. Craig Lawrence , Assistant U.S. Attorney, entered appearances.

Opinion concurring in the judgment filed by Circuit Judge BROWN.

RANDOLPH, Senior Circuit Judge:

This is an appeal from an order of the district court granting summary judgment to the Secretary of Health and Human Services. Catholic Health Initiatives, a nonprofit charitable corporation, and a group of its affiliated nonprofit hospitals brought an action under the Medicare Act to recover premiums the hospitals had paid for malpractice, workers' compensation, and other insurance. The hospitals paid the premiums to First Initiatives...

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