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AUBURN REGIONAL MEDICAL CENTER v. SEBELIUS

No. 10-5115.

685 F.3d 1059 (2011)

AUBURN REGIONAL MEDICAL CENTER, et al., Appellants v. Kathleen SEBELIUS, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

December 20, 2011.

Attorney(s) appearing for the Case

Robert L. Roth, Esquire , Hooper, Lundy & Bookman, Washington, DC, for Appellants.

Samantha Lee Chaifetz , Stephanie Robin Marcus , R. Craig Lawrence , Mark B. Stern , U.S. Department of Justice, Washington, DC, for Appellee.

Prior report: .

ORDER

PER CURIAM.

Upon consideration of appellee's petition for rehearing en banc, the response thereto, and the absence of a request by any member of the court for a vote, it is

ORDERED that the petition be denied.

GRIFFITH, Circuit Judge, joined by WILLIAMS, Senior Circuit Judge, concurring in the denial of rehearing en banc:

The Secretary urges the reconsideration of our conclusion that Congress did not preclude...

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