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ST. LUKE'S HOSP. v. SEBELIUS

No. 09-5352.

611 F.3d 900 (2010)

ST. LUKE'S HOSPITAL, Appellant, v. Kathleen SEBELIUS, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2010.

Attorney(s) appearing for the Case

Robert E. Mazer argued the cause for the appellant. Leslie DeMaree Goldsmith was on brief. James P. Holloway entered an appearance.

Joel McElvain, Attorney, United States Department of Justice, argued the cause for the appellee. Ronald C. Machen, Jr., United States Attorney, and Michael S. Raab, Attorney, David S. Cade, Acting General Counsel, and Janice Hofman, Associate General Counsel, United States Department of Health and Human Services, were on brief. R. Craig Lawrence, Assistant United States Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Appellant St. Luke's Hospital (St. Luke's), a non-profit hospital located in Bethlehem, Pennsylvania, submitted to the Centers for Medicare and Medicaid Services (CMS)1 a claim for reimbursement regarding a $2.9 million loss allegedly incurred by Medicare provider Allentown Osteopathic Medical Center (Allentown) when it merged with St. Luke's through a "statutory merger." St. Luke's claimed as its...

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