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SOUTHEAST ALABAMA MEDICAL CENTER v. SEBELIUS

No. 08-5156.

572 F.3d 912 (2009)

SOUTHEAST ALABAMA MEDICAL CENTER, et al., Appellants v. Kathleen SEBELIUS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2009.

Attorney(s) appearing for the Case

James F. Segroves argued the cause for appellants. With him on the briefs was Malcolm J. Harkins III.

Henry C. Whitaker, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Appellants are 113 inpatient hospitals located in Alabama, Louisiana, and Mississippi. They contend that the Department of Health and Human Services (HHS) interpreted the Medicare reimbursement statute in a way that improperly deprived them of millions of dollars. The district court disagreed and granted summary judgment for the Department. We affirm the district court's judgment in all but one respect.

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