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PARKVIEW ADVENTIST MEDICAL v. U.S.

No. 16-1731.

842 F.3d 757 (2016)

PARKVIEW ADVENTIST MEDICAL CENTER, Appellant, v. UNITED STATES of America, ON BEHALF OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services, Appellee.

United States Court of Appeals, First Circuit.

November 29, 2016.

Attorney(s) appearing for the Case

George J. Marcus , with whom Jennie L. Clegg , David C. Johnson , Andrew C. Helman , and Marcus Clegg were on brief, for appellant.

Jeffrey Clair , with whom Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Thomas E. Delahanty II , United States Attorney, and Michael S. Raab were on brief, for appellee.

John A.E. Pottow and Asher Steinberg on brief as amicus curiae.

Before Lynch, Stahl, and Barron, Circuit Judges.

This is an important case resting at the intersection of the Bankruptcy Code and Medicare law. It concerns the efforts of the Parkview Adventist Medical Center ("Parkview") in Brunswick, Maine, which filed for bankruptcy on June 16, 2015, to use the Bankruptcy Code to challenge the actions of appellee United States, through...

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