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RUSH UNIVERSITY MEDICAL CENTER v. LEAVITT

Nos. 07-3648, 08-2227.

535 F.3d 735 (2008)

RUSH UNIVERSITY MEDICAL CENTER, Plaintiff-Appellant, v. Michael O. LEAVITT, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2008.

Attorney(s) appearing for the Case

James F. Flynn (argued), Attorney, Bricker & Eckler, Columbus, OH, Kristen E. Hudson, Attorney, Schopf & Weiss LLP, Chicago, IL, for Plaintiff-Appellant.

Samuel S. Miller (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.

EASTERBROOK, Chief Judge.

Rush University Medical Center believes that it has not received all of the Medicare payments to which it is entitled for fiscal year 1991. After an unduly prolonged administrative process, the Secretary of Health and Human Services resolved numerous contested issues against the Medical Center. On judicial review under 42 U.S.C. § 1395oo(f)(1), the district court made a decision mostly favorable to the Secretary's position. 2007 WL 2669021...

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