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GUNDERSEN LUTHERAN MEDICAL CENTER v. SEBELIUS

No. 11-5077.

666 F.3d 1335 (2011)

GUNDERSEN LUTHERAN MEDICAL CENTER, INC., Appellant v. Kathleen SEBELIUS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 2011.

Attorney(s) appearing for the Case

Jefrey A. Lovitky argued the cause and filed the briefs for appellant.

Ian Samuel , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Tony West , Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, and Michael S. Raab , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Gundersen Lutheran Medical Center, Inc. appeals the district court's grant of summary judgment to the Secretary of the Department of Health and Human Services. Gundersen, which sought review under the APA, claimed the Secretary's delegee failed to "disapprove[]" Gundersen's reimbursement request within 60 working days, as required by the Medicare Act, because the delegee did not notify Gundersen of its asserted disapproval within the...

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