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HARO v. SEBELIUS

No. 11-16606.

729 F.3d 993 (2013)

Patricia HARO; John G. Balentine; Jack McNutt; Troy Hall, Plaintiffs-Appellees, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted February 14, 2013.

Decided September 4, 2013.

Attorney(s) appearing for the Case

Alisa B. Klein (argued) and Mark B. Stern , Attorneys; Tony West , Assistant Attorney General; Ann B. Scheel , Acting United States Attorney, United States Department of Justice, Civil Division, Washington, D.C.; William B. Schultz , Acting General Counsel; Margaret M. Dotzel , Deputy General Counsel; Janice L. Hoffman , Associate General Counsel; Carol J. Bennett , Deputy Associate General Counsel for Program Integrity; Leslie M. Stafford , Attorney, United States Department of Health and Human Services, Washington, D.C., for Defendant-Appellant.

Gil Deford (argued) and Wey-Wey Kwok , Center for Medicare Advocacy, Willimantic, CT, for Plaintiffs-Appellees.

Before: BARRY G. SILVERMAN, RONALD M. GOULD, and MORGAN CHRISTEN, Circuit Judges.

OPINION

CHRISTEN, Circuit Judge:

Secretary of Health and Human Services Kathleen Sebelius appeals the district court's order certifying a nationwide class of Medicare beneficiaries and granting summary judgment in the beneficiaries' favor. Patricia Haro, Jack McNutt, and Troy Hall are named plaintiffs. John Balentine was Haro's lawyer in her underlying personal injury suit.

Before the district court, the beneficiaries raised two claims: (1) the Secretary...

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