United States Federal Circuit

Dismissal of an inpatient hospital facility operator's complaint for lack of subject matter jurisdiction is affirmed where plaintiff's claim was one for Medicare reimbursement, and its artful attempt to style it as one for breach of contract failed.

Appellate Information

• Decided 04/12/2006
• Published 04/12/2006

Judges

• MAYER, Circuit Judge., Before MICHEL, Chief Judge, MAYER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James E. Moore, Christian & Barton, LLP, of Richmond, Virginia, argued for plaintiff-appellant.


• For Appellees:
  
• Jeffery T. Infelise, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Brian M. Simkin, Assistant Director, and Kenneth S. Kessler, Attorney.   Of counsel on the brief was Clifford Pierce, Assistant Regional Counsel, Office of General Counsel, United States Department of Health and Human Services, of Boston, Massachusetts.