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CHILDREN'S HEALTH CARE v. CENTERS FOR MEDICARE

No. 17-2896.

900 F.3d 1022 (2018)

CHILDREN'S HEALTH CARE, doing business as Children's Hospitals and Clinics of Minnesota; Gillette Children's Specialty Healthcare, Plaintiffs-Appellees v. CENTERS FOR MEDICARE AND MEDICAID SERVICES; Seema Verma, Administrator of the Centers for Medicare and Medicaid Services, in her official capacity; Alex M. Azar, II, Secretary of Health and Human Services, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2018.

Attorney(s) appearing for the Case

Geraldine Edens , MORGAN & LEWIS, Washington, DC, Susan Feigin Harris , MORGAN & LEWIS, Houston, TX, Christopher Marraro , BAKER & HOSTETLER, Washington, DC, Bridget Springer McCabe , BAKER & HOSTETLER, New York, NY, Gregory R. Merz , GRAY & PLANT, Minneapolis, MN, for Plaintiff Appellee.

Tara S. Morrissey , U.S. DEPARTMENT OF JUSTICE, Appellate Section, Washington, DC, Steven A. Myers , U.S. DEPARTMENT OF JUSTICE, Civil Division, Washington, DC, Mark B. Stern , U.S. DEPARTMENT OF JUSTICE, Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellants.

Before WOLLMAN, ARNOLD, and KELLY, Circuit Judges.

The Centers for Medicare and Medicaid Services; Seema Verma, the Centers' Administrator; and Alex M. Azar, II, Secretary of Health and Human Services, (collectively, the Secretary), appeal the district court's1 partial grant of summary judgment for Children...

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