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COOPER UNIVERSITY HOSPITAL v. SEBELIUS

No. 09-4095.

636 F.3d 44 (2010)

COOPER UNIVERSITY HOSPITAL, Appellant v. Kathleen SEBELIUS, Secretary, Department of Health and Human Services, Pursuant to F.R.A.P. 43(c).

United States Court of Appeals, Third Circuit.

Opinion Filed: October 12, 2010.

Attorney(s) appearing for the Case

Mark H. Gallant, Esq. (Argued), Judy Wang Mayer, Esq. , Cozen & O'Connor, Philadelphia, PA, Thomas McKay, III, Esq. , Cozen & O'Connor, Cherry Hill, NJ, for Appellant.

Anthony J. Steinmeyer, Esq. (Argued), August E. Flentje, Esq. , United States Department of Justice, Washington, DC, David L. Hoskins, Esq. , Department of Health & Human Services, Health Care Financing Division, Washington, DC, Elizabeth A. Pascal, Esq. , Office of the United States Attorney, Camden, NJ, for Appellee.

Prior report: D.N.J., .

OPINION OF THE COURT

BARRY, Circuit Judge.

Cooper University Hospital has appealed the grant of summary judgment in favor of Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, in this very complex and very important matter. The case before the Hon. Jerome B. Simandle, and now the appeal before us, involved the amount of Medicare reimbursement that Cooper University Hospital—a...

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