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ST. LUKE'S HOSP. v. SEBELIUS

Civil Action No. 08-0883 (JR).

662 F.Supp.2d 99 (2009)

ST. LUKE'S HOSPITAL, Plaintiff, v. Kathleen SEBELIUS, Secretary, Health and Human Services, Defendant.

United States District Court, District of Columbia.

September 30, 2009.

Attorney(s) appearing for the Case

James P. Holloway, Ober Kaler Grimes & Shriver, PC, Washington, DC, for Plaintiff.

Joel L. McElvain, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM

JAMES ROBERTSON, District Judge.

Allentown Osteopathic Medical Center, a Medicare provider, merged with St. Luke's Hospital on January 1, 1997. St. Luke's, the surviving entity, sought to recover from Medicare a "loss" on Allentown's depreciable assets that it asserts was recognized in the merger. That claim was denied by the assigned Medicare intermediary on the ground that the merger was not a "bona fide sale." The Provider Reimbursement...

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