CATHOLIC HEALTHCARE WEST v. SEBELIUS

No. 13-5090.

748 F.3d 351 (2014)

CATHOLIC HEALTHCARE WEST, Appellant v. Kathleen SEBELIUS, In Her Official Capacity as Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2014.


Attorney(s) appearing for the Case

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

David L. Hoskins , Attorney, U.S. Department of Health & Human Services, argued the cause for appellee. With him on the brief were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, Michael S. Raab and Joel McElvain , Attorneys, William B. Schutlz , General Counsel, U.S. Department of Health & Human Services, Janice L. Hoffman , Associate General Counsel, and Susan Maxon Lyons , Deputy Associate General Counsel for Litigation. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Before KAVANAUGH and PILLARD, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


WILLIAMS, Senior Circuit Judge:

Plaintiff Catholic Healthcare West ("CHW"), a non-profit Catholic hospital system, was the surviving entity after a merger between Marian Medical Center and the hospitals previously constituting CHW. Its claim here relates to depreciation taken by Marian in the years before the merger. CHW argues that the merger transaction revealed the inadequacy of that depreciation and that, under the statute and regulations applicable to the merger...

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