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TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER v. COOK

No. 96-2227.

109 F.3d 693 (1997)

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, Florida Hospital Medical Center, Plaintiffs-Appellees, v. Douglas COOK, as Director of the Agency for Health Care Administration, Defendant-Appellant, Keystone Peer Review Organization, Inc., a foreign corporation licensed to do business in Florida, H. James Towey, Secretary, The Department of Health and Rehabilitation Services, Defendants.

United States Court of Appeals, Eleventh Circuit.

April 8, 1997.

Attorney(s) appearing for the Case

Roger R. Maas, Jerome W. Hoffman, Tallahassee, FL, for Defendant-Appellant.

John D. Buchanan, Jr., Henry, Buchanan, Hudson, Suber & Williams, P.A., Tallahassee, FL, Cynthia S. Tunnicliff, Pennington, Culpepper, Moore, Wilkinson, Dubar & Dunlap, William E. Whitney, Tallahassee, FL, for Plaintiffs-Appellees.

Before DUBINA and BLACK, Circuit Judges, and COHILL, Senior District Judge.

PER CURIAM:

This is a Boren Amendment challenge under 42 U.S.C. § 1396a(a)(13)(A). We affirm on the basis of the well-reasoned district court order published in the Medicare & Medicaid Guide at page 44,212, and attached as Appendix A, with the following exceptions.

We vacate paragraph four of the "Ordered and Adjudged" section, which reads as follows:

Defendant AHCA, through the Florida Legislature...

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