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FORSYTH MEMORIAL HOSP., INC. v. SEBELIUS

No. 09-5448.

652 F.3d 42 (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.

August 16, 2011.

Attorney(s) appearing for the Case

Harold G. Belkowitz,   James P. Holloway, Ober, Kaler, Grimes & Shriver, PC, Washington, DC, Robert E. Mazer, Esquire, Ober, Kaler, Grimes & Shriver, PC, Baltimore, MD, for Appellants.

Janice L. Hoffman, Associate General Counsel, U.S. Department of Health & Human Services (HHS), Office of the General Counsel, Baltimore, MD, Ronald C. Machen, Jr., Esquire, U.S. Attorney, U.S. Attorney's Office, Washington, DC, Joel McElvain, Senior Counsel, Michael S. Raab, U.S. Department of Justice, Washington, DC, for Appellee.

Before: SENTELLE, Chief Judge, and GINSBURG, HENDERSON, ROGERS, TATEL, GARLAND, BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges.

ORDER

Appellants' petition for rehearing en banc and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing, it is

ORDERED that the petition be denied.

BROWN, Circuit Judge, dissenting from the denial of rehearing en banc:

On Petition for Rehearing En Banc<...

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