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PROVIDENCE YAKIMA MEDICAL CENTER v. SEBELIUS

Nos. 09-35266, 09-35402.

611 F.3d 1181 (2010)

PROVIDENCE YAKIMA MEDICAL CENTER, a Washington non-profit corporation; St. Vincent Hospital, a Montana non-profit corporation; Yakima Valley Memorial Hospital, a Washington non-profit corporation; Merle West Medical Center, an Oregon non-profit corporation; Deaconess-Billings Clinic Health System, a Montana non-profit corporation, Plaintiffs-Appellees-Cross-Appellants, v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2010.

Attorney(s) appearing for the Case

Sanford E. Pitler, Bennett, Bigelow & Leedom, P.S., Seattle, WA, for the plaintiffs-appellees-cross-appellants.

Jeffrey A. Clair, Civil Division, United States Department of Justice, Washington, D.C., for the defendant-appellant-cross-appellee.

Before: HAWKINS, CARLOS F. LUCERO, and N. RANDY SMITH, Circuit Judges.

OPINION

PER CURIAM:

Secretary of the Department of Health and Human Services Kathleen Sebelius ("the Secretary") appeals the adverse summary judgment grant in an action brought by five not-for-profit hospitals ("Hospitals"), each recipients of Medicare direct graduate medical education ("DGME") payments for approved family medicine residency programs. The district court found the Secretary's methodology for calculating...

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