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DELTA HEALTH v. U.S. DEPT. OF HEALTH AND HUMAN

No. 3:05-CV-436/RV/EMT.

459 F.Supp.2d 1207 (2006)

DELTA HEALTH GROUP, INC., A Delaware Corporation for Profit, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, and Mike Leavitt, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, N.D. Florida, Pensacola Division.

Order Denying Reconsideration November 20, 2006.

Attorney(s) appearing for the Case

David Keller Miller, Donna H. Stinson, Broad & Cassel, Tallahassee, FL, for Plaintiff.

Pamela A. Moine, U.S. Attorney, Pensacola, FL, for Defendants.

ORDER

VINSON, Senior District Judge.

This litigation arises under the Medicare program. Plaintiff, Delta Health Group, Inc., has filed a 30-page Complaint (with 65 pages of exhibits) against Defendants, the United States Department of Health and Human Services and Secretary of the agency, Mike Leavitt. Pending before this Court is Defendants' 18-page motion to dismiss the Complaint (with 51 pages of exhibits) (Doc. 25), and Plaintiffs 23-page memorandum...

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