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United States Sixth Circuit


UHI, INC. v. THOMPSON, 99-4418

A dismissal on procedural grounds under the Medicare Act constitutes a "final decision" subject to judicial review, but will not be reversed absent evidence that the Department acted arbitrarily or capriciously in dismissing an appeal for failure to comply with procedural requirements.

Appellate Information

  • Decided 05/09/2001
  • Published 05/09/2001

Judges

  • Before MERRITT, NELSON, and SUHRHEINRICH, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Mark J. Wasserman (argued and briefed), Beckman, Weil, Shepardson & Faller, Cincinnati, OH, for Appellant.

  • For Appellees:
  • Ted Yasuda (argued and briefed), U.S. Department of Health & Human Services, Chicago, IL, Donetta D. Wiethe (briefed), Cincinnati, OH, for Appellee.
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