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FORSYTH MEMORIAL HOSP., INC. v. SEBELIUS

No. 09-5448.

639 F.3d 534 (2011)

FORSYTH MEMORIAL HOSPITAL, INC., et al., Appellants v. Kathleen SEBELIUS, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 2011.

Attorney(s) appearing for the Case

Robert E. Mazer argued the cause and filed the briefs for appellants. Harold G. Belkowitz and James P. Holloway entered appearances.

Joel McElvain , Senior Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, Michael S. Raab , Attorney, and Janice Hoffman , Associate General Counsel, U.S. Department of Health & Human Services.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Forsyth Memorial Hospital, Inc., and other medical providers (collectively, "appellants") appeal from the district court's grant of summary judgment in favor of the Secretary of Health and Human Services (respectively, the "Secretary" and "HHS"), which upheld the denial of their reimbursement claims arising from the merger of Presbyterian Health Services Corporation ("Presbyterian") and Carolina Medicorp...

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