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UNIVERSITY OF CHICAGO MEDICAL CENTER v. SEBELIUS

No. 09-3429.

618 F.3d 739 (2010)

The UNIVERSITY OF CHICAGO MEDICAL CENTER, d/b/a University of Chicago Hospitals & Clinics, Plaintiff-Appellee, v. Kathleen SEBELIUS, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 2010.

Attorney(s) appearing for the Case

Ronald Connelly , Attorney, argued, Powers, Pyles, Sutter & Verville, Washington, DC, for Plaintiff-Appellee.

Kathryn Ann Kelly , Attorney, Office of the United States Attorney, Chicago, IL, Robert D. Kamenshine , Attorney, argued, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellant.

Before CUDAHY, EVANS, and SYKES, Circuit Judges.

CUDAHY, Circuit Judge.

This appeal involves a question of regulatory and statutory interpretation affecting whether the University of Chicago Medical Center (hospital) is entitled to approximately $2.8 million in Medicare reimbursements for indirect medical education (IME) expenses. One factor in a hospital's IME reimbursement is the hospital's count of its full-time equivalent residents (FTEs). Here, the hospital claimed an FTE total for the 1996 fiscal year that...

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