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WALTER O. BOSWELL MEMORIAL HOSP. v. HECKLER

Nos. 83-2223 to 83-2225.

749 F.2d 788 (1984)

WALTER O. BOSWELL MEMORIAL HOSPITAL, Appellant, v. Margaret M. HECKLER, Secretary of Department of Health and Human Services, et al. HOWARD UNIVERSITY HOSPITAL, et al., Appellants, v. Margaret M. HECKLER, Secretary of Department of Health and Human Services, et al. GREATER SOUTHEAST COMMUNITY HOSPITAL, et al., Appellants, v. Margaret M. HECKLER, Secretary of Department of Health and Human Services, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1984.

As Amended November 30, 1984.

Attorney(s) appearing for the Case

Ronald N. Sutter, Washington, D.C., for appellant.

Katherine S. Gruenheck, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellees. Jean Schulte Scott, Atty., Dept. of Health and Human Services, Washington, D.C., also entered an appearance for appellee, Department of Health and Human Services.

Lenard C. Homer and Margaret M. Manning, Baltimore, Md., were on the brief for amicus curiae, South Carolina Hosp. Ass'n for reversal.

Before MIKVA and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

In these consolidated cases, several hospitals contest the legality of a rule promulgated by the Department of Health and Human Services1 (HHS) to reimburse hospitals for malpractice insurance premiums stemming from the treatment of Medicare patients. The District Court, hearing the case on "certified review" from HHS's Provider Reimbursement...

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