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MOUNT SINAI HOSP. OF GR. MIAMI, INC. v. WEINBERGER

No. 74-2154.

517 F.2d 329 (1975)

MOUNT SINAI HOSPITAL OF GREATER MIAMI, INC., Plaintiff-Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, and Blue Cross of Florida, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 3, 1975.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Robert N. Reynolds, Asst. U. S. Atty., Miami, Fla., David Cohen, App. Section, Civ. Div., Dept. of Justice, Washington, D. C., for defendants-appellants.

Kelly, Black, Black & Kenny, P. A., Miami, Fla., for Blue Cross.

James G. Roth, Miami, Fla., Burton A. Schwalb, Washington, D. C., Lewis I. Horwitz, Miami Beach, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 3, 1975. See 522 F.2d 179.

GODBOLD, Circuit Judge:

This case arises from an attempt by the Department of Health, Education and Welfare [HEW] to recoup $6.3 million from Mount Sinai Medical Center ["the hospital"]. This amount was allegedly paid to Mount Sinai for medically unnecessary services and hospital stays provided to beneficiaries under the Medicare hospital insurance...

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