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DOMINION AMBULANCE, L.L.C. v. AZAR

No. 17-50855.

968 F.3d 429 (2020)

DOMINION AMBULANCE, L.L.C., Plaintiff-Appellant, v. Alex M. AZAR, II, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed July 31, 2020.

Attorney(s) appearing for the Case

Gary Christopher Kelly , EMS Consultants, LaGrange, GA, Kristofer R. Schleicher , Schleicher Law Firm, PLLC, Fort Worth, TX, for Plaintiff-Appellant.

Michael S. Raab , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Magdalena Gurany Jara , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, El Paso, TX, for Defendant-Appellee.

Before OWEN, Chief Judge, and DENNIS and SOUTHWICK, Circuit Judges.

The Department of Health and Human Services (HHS) concluded that Dominion Ambulance, L.L.C. (Dominion) must return approximately $1.3 million in Medicare payments. After appealing to the agency, Dominion brought suit in district court challenging that determination. The district court granted HHS's motion for summary judgment...

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