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132084P.pdf   08/25/2014  Key Medical Supply, Inc.  v.  Kathleen Sebelius
   U.S. Court of Appeals Case No:  13-2084
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Melloy, Author, with Wollman and Benton, Circuit Judges] 
   Civil case - Administrative law - Medicare. 42 U.S.C. Sec. 1395w-3 gave 
   the Department of Health and Human Services broad authority to establish 
   competitive acquisition procedures for durable medical goods and created a 
   statutory bar to the type of challenge mounted here; while there is a 
   possibility of review for ultra vires actions, the actions of the agency 
   were not ultra vires; challenge to the competitive bidding regime on the 
   ground it was an unconstitutional taking is rejected.