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KEY MEDICAL SUPPLY, INC. v. BURWELL

No. 13-2084.

764 F.3d 955 (2014)

KEY MEDICAL SUPPLY, INC., a Minnesota corporation, Plaintiff-Appellant v. Sylvia Matthews BURWELL, Secretary of the United States Department of Health and Human Services, in her official capacity; Marilyn Tavenner, Acting Administrator of the Centers for Medicare and Medicaid Services, in her official capacity, Defendants-Appellees. Midwest Association of Medical Equipment Suppliers, Inc., Amicus on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2014.

Attorney(s) appearing for the Case

Samuel Orbovich , argued ( Lousene M. Hoppe , on the brief), Minneapolis, MN, for appellant.

Benjamin M. Shultz , argued ( Dana Kaersvang , on the brief), Washington, DC, for appellee.

Natalie Ingraham Wyatt-Brown , Ryan W. Wahlund , Jonathan W. Lips , Minneapolis, MN, on the brief, for amicus.

Before WOLLMAN, MELLOY, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Key Medical Supply, Inc. ("Key Medical"), a medical equipment provider in the Minneapolis-St. Paul area, alleges that the Department of Health and Human Services' Centers for Medicare and Medicaid Services ("CMS" or "the Agency") exceeded its statutory authority when implementing a competitive-bidding system for Medicare's pricing of medical equipment and supplies. Key Medical acknowledges that the...

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