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WEST TEXAS LTC PARTNERS v. DEPARTMENT OF HHS

No. 15-60763.

843 F.3d 1043 (2016)

WEST TEXAS LTC PARTNERS, INCORPORATED, Doing Business as Cedar Manor, Petitioner, v. United States DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Fifth Circuit.

Filed December 15, 2016.

Attorney(s) appearing for the Case

Allison L. Spruill , Delta S. Best, Esq. , Best & Spruill, P.C., Austin, TX, for Petitioner.

Jennifer Marie Mendola , Edmond Dante Anderson, III, Esq. , Assistant Regional, U.S. Department of Health & Human Services, Office of the General Counsel Region VI, Dallas, TX, Daniel Barry , Associate General Counsel, Washington, DC, for Respondent.

Before STEWART, Chief Judge, SMITH and DENNIS, Circuit Judges.

West Texas LTC Partners, Incorporated, doing business as Cedar Manor Nursing & Rehabilitation Center ("Cedar Manor"), petitions for review of a final decision of the Departmental Appeals Board ("DAB") of the U.S. Department of Health and Human Services ("HHS"). Because the decision is neither arbitrary and capricious...

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