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AMERICAN MEDICAL TECHNOLOGIES v. JOHNSON

Civil Action No. 08-00319 (JDB).

598 F.Supp.2d 78 (2009)

AMERICAN MEDICAL TECHNOLOGIES, Plaintiff, v. Charles E. JOHNSON, Acting Secretary, United States Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

February 25, 2009.

Attorney(s) appearing for the Case

Frederick Robinson, Fulbright & Jaworski LLP, Washington, DC, for Plaintiff.

Christopher Blake Harwood, U.S. Attorney's Office, Gerard Keating, U.S. Department of Health & Human Services, Office of the General Counsel, Washington, DC, for Defendant.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

American Medical Technologies ("plaintiff") is a Medicare supplier claiming that contractors for defendant U.S. Department of Health and Human Services ("defendant" or "the Secretary") unlawfully changed the Medicare reimbursement process, thereby harming plaintiff. The Secretary has filed a motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)...

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