Physician ACO, L.L.C., et al v. Alex Azar, II, Sec, No. 18-20300 (5th Cir. 2019)

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Case: 18-20300 Document: 00514862762 Page: 1 Date Filed: 03/07/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-20300 Summary Calendar FILED March 7, 2019 Lyle W. Cayce Clerk PHYSICIAN ACO, LIMITED LIABILITY CORPORATION; ACO TRIPLE AIM PROVIDERS, INCORPORATED, jointly doing business as PACO ACO 1393, Plaintiffs - Appellants v. ALEX M. AZAR, II, SECRETARY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTER FOR MEDICARE & MEDICAID SERVICES, Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CV-803 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM:* Plaintiff-Appellant PACO ACO 1393 appeals from the district court’s partial dismissal of its claim against the above-named Defendant-Appellees and the district court’s denial of Plaintiff-Appellant’s Motion for Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 18-20300 Document: 00514862762 Page: 2 Date Filed: 03/07/2019 No. 18-20300 Reconsideration of that partial dismissal. We affirm for the reasons set forth by the district court. AFFIRMED. 2

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