BEVERLY HEALTHCARE LUMBERTON, Petitioner, v. Michael O. LEAVITT, Secretary of the United States Department of Health Human Services; United States Department of Health Human Services, Respondents. No. 08-1447.United States Court of Appeals, Fourth Circuit.Argued: May 13, 2009. Decided: July 22, 2009. Page 308 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] […]