Leavitt

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LOMA LINDA UNIVERSITY MEDICAL 

CENTER,

Plaintiff-Appellee, No. 05-56341 v.  D.C. No. MICHAEL O. LEAVITT, Secretary of CV-02-00025-RT Health and Human Services, Defendant-Appellant. 

LOMA LINDA UNIVERSITY MEDICAL 

CENTER,

No. 05-56497 Plaintiff-Appellant, v.  D.C. No.

CV-02-00025-RT

MICHAEL O. LEAVITT, Secretary of

OPINION

Health and Human Services, Defendant-Appellee.  Appeal from the United States District Court for the Central District of California Robert J. Timlin, Senior Judge, Presiding

Argued and Submitted June 11, 2007—Pasadena, California

Filed July 9, 2007

Before: Dorothy W. Nelson, Stephen Reinhardt, and Pamela Ann Rymer, Circuit Judges.

Opinion by Judge Rymer

8199 8202 LOMA LINDA UNIV. MED. CENTER v. LEAVITT

COUNSEL

Susan Maxson Lyons, United States Department of Justice, Washington, D.C., for defendant-appellant-appellee.

Lloyd A. Bookman, Los Angeles, California, for the plaintiff- appellee-appellant.

OPINION

RYMER, Circuit Judge:

The main problem presented in these appeals by the…