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UPMC-BRADDOCK HOSP. v. SEBELIUS

No. 08-4247.

592 F.3d 427 (2010)

UPMC-BRADDOCK HOSPITAL, Appellant v. Kathleen SEBELIUS, as the Secretary of the United States Department of Health and Human Services.

United States Court of Appeals, Third Circuit.

Filed: January 20, 2010.

Attorney(s) appearing for the Case

Samuel W. Braver, Esq., [Argued], Brendan G. Stuhan, Esq., Jan O. Wenzel, Esq., Buchanan Ingersoll & Rooney, Robert B. Ramsey, III, Esq., Titus & McConomy, Pittsburgh, PA, for Appellant.

Joel L. McElvain, Esq., [Argued], United States Department of Justice, Civil Division, Federal Programs Branch, San Francisco, CA, Michael S. Raab, Esq., United States Department of Justice Civil Division, Washington, DC, Jessica L. Smolar, Esq., Office of United States Attorney, Pittsburgh, PA, for Appellee.

Before: RENDELL and GARTH, Circuit Judges, and PADOVA, District Judge.

OPINION OF THE COURT

RENDELL, Circuit Judge.

UPMC-Braddock Hospital appeals from the order of the District Court for the Western District of Pennsylvania granting summary judgment in favor of appellee Kathleen Sebelius, Secretary of the United States Department of Health and Human Services ("Secretary"), denying a reimbursement claim for loss on depreciable assets resulting from the merger between Braddock Medical Center ("BMC") and University of Pittsburgh...

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