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BANNER HEALTH v. SEBELIUS

Civil Action No. 10-01638 (CKK).

797 F.Supp.2d 97 (2011)

BANNER HEALTH f/b/o Banner Good Samaritan Medical Center, et al., Plaintiffs, v. Kathleen SEBELIUS, Secretary of the U.S. Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

July 15, 2011.

Attorney(s) appearing for the Case

Stephen P. Nash , John Voorhees , Michihiro M. Tsuda , Mimi D. Hu , Sven Collins , Patton Boggs, LLP, Denver, CO, for Plaintiffs.

James C. Luh , U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

Plaintiffs are twenty-nine organizations that own or operate hospitals participating in the Medicare program. They have sued the Secretary of the Department of Health and Human Services (the "Secretary"), challenging an array of actions taken by the Secretary in the course of administering Medicare's "outlier" payment system. The Secretary has filed a [17] Motion to Dismiss for Lack of Subject Matter...

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