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SOUTHEAST ALABAMA MEDICAL CENTER v. LEAVITT

Civil Action No. 04-1143 (RWR).

539 F.Supp.2d 352 (2008)

SOUTHEAST ALABAMA MEDICAL CENTER, et al., Plaintiffs, v. Michael O. LEAVITT, Defendant.

United States District Court, District of Columbia.

March 26, 2008.

Attorney(s) appearing for the Case

Peter Robbins, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

RICHARD W. ROBERTS, District Judge.

Plaintiffs, 113 hospitals located in Alabama, Louisiana and Mississippi, bring a challenge under the Administrative Procedure Act, 5 U.S.C. §§ 701-706, to certain regulations implementing a provision of the Medicare Act, specifically 42 U.S.C. § 1395ww(d)(3)(E), arguing that the defendant Secretary of the Department of Health and Human Services exceeded his lawful authority in adopting...

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