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COMMUNITY CARE, LLC v. LEAVITT

No. 07-30306.

537 F.3d 546 (2008)

COMMUNITY CARE, LLC, doing business as Community Care Hospital, Plaintiff-Appellant, v. Michael O. LEAVITT, Secretary, Department of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 2008.

Attorney(s) appearing for the Case

Nancy Scott Degan, Donna D. Fraiche (argued), Baker, Donelson, Bearman, Caldwell & Berkowitz, New Orleans, LA, for Plaintiff-Appellant.

Sharon Denise Smith; Stephen A. Higginson and Diane Hollenshead Copes (argued), Asst. U.S. Attys., New Orleans, LA, for Leavitt.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

The dispute in this administrative appeal arises under the Federal Medicare Program administered by the Centers for Medicare and Medicaid Services ("CMS"). Plaintiff-Appellant Community Care Hospital ("CCH") appeals the district court's grant of summary judgment in favor of the Secretary of Health and Human Services ("the Secretary"), upholding the Secretary's administrative decision. For the following reasons, we AFFIRM.

I.

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