Leavitt
Rfk Medical Center v. Leavitt
Opinion
Opinion
Goodwin COUNSEL, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT F. KENNEDY MEDICAL
CENTER,
Plaintiff-Appellant, No. 06-56367 v. D.C. No.
CV-05-01628-AG
MICHAEL O. LEAVITT, Secretary of the Department of Health and OPINION Human Services, Defendant-Appellee. Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding
Argued and Submitted April 11, 2008—Pasadena, California
Filed May 19, 2008
Before: Alfred T. Goodwin, Harry Pregerson, and Dorothy W. Nelson, Circuit Judges.
Opinion by Judge Goodwin COUNSEL
Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, California, for the plaintiff-appellant.
Michael S. Raab, Joel McElvain, U.S. Department of Justice, Washington, D.C., for the defendant-appellee.
OPINION
GOODWIN, Circuit Judge:
Robert F. Kennedy Medical Center (“RFK”) appeals the district court’s summary judgment, which affirmed the denial of RFK’s Medicare reimbursement request by the Secretary of Health and Human Services (“Secretary”). RFK contends that the Secretary must reimburse it for depreciation losses…