United States Third Circuit

In a dispute involving a reimbursement claim for loss on depreciable assets resulting from a statutory merger, district court's grant of summary judgment for the government is affirmed where: 1) the Centers for Medicare and Medicaid Services did not err in applying the bona fide sale requirement to plaintiff's claim; 2) the finding that the merger in question was not a bona fide sale is supported by substantial evidence in the record; and 3) the agency's interpretation of the Bona Fide Sale Provision was consistent with previous agency statements and in keeping with the underlying policy of the Medicare Act, and the interpretation did not retroactively alter plaintiff's legal rights or duties.

Appellate Information

• Argued 10/31/2008
• Decided 05/22/2009
• Published 05/22/2009

Judges

• Before:  SLOVITER, STAPLETON and TASHIMA , Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Carel T. Hedlund (Argued), Ober, Kaler, Grimes & Shriver, Baltimore, MD, for Appellant.


• For Appellees:
  
• Joel L. McElvain (Argued), United States Department of Justice, Civil Division, San Francisco, CA, Michael S. Raab, United States Department of Justice, Washington, DC, for Appellee.