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DR. JOHN T. MacDONALD FOUNDATION, INC. v. MATHEWS

No. 75-2966.

534 F.2d 633 (1976)

DR. JOHN T. MacDONALD FOUNDATION, INC., d/b/a Doctors' Hospital, a Florida Corporation not for profit, Plaintiff-Appellant, v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 2, 1976.

Attorney(s) appearing for the Case

Aubrey V. Kendall, Charles C. Kline, Miami, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., John S. Berk, Asst. U. S. Atty., Miami, Fla., Robert E. Kopp, Appellate Sec., Richard A. Olderman, Civil Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before DYER, CLARK and GEE, Circuit Judges.

GEE, Circuit Judge:

The Dr. John T. MacDonald Foundation, Inc., doing business as Doctors' Hospital, brought this suit for declaratory and injunctive relief to require HEW to reopen and recompute final administrative determinations of the Medicare program reimbursement due the hospital under Title XVIII of the Social Security Act, 42 U.S.C. § 1395, et seq. (1974), for the years 1967 through 1972. During those years, Doctors' Hospital generated between $100,000...

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