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HAZELWOOD CHRONIC & CONV. HOSP. v. WEINBERGER

No. 74-2210.

543 F.2d 703 (1976)

HAZELWOOD CHRONIC & CONVALESCENT HOSPITAL, INC., dba Kearney Street Convalescent Center, Plaintiff-Appellee, v. Caspar WEINBERGER, Secretary of Health, Education, and Welfare, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

September 23, 1976.

Attorney(s) appearing for the Case

David M. Cohen, Atty. (argued), Dept. of Justice, Washington, D.C., for defendants-appellants.

Michael J. Gentry (argued), Portland, Or., for plaintiff-appellee.

Before WALLACE and KENNEDY, Circuit Judges, and FERGUSON, District Judge.

ANTHONY M. KENNEDY, Circuit Judge:

In this case we consider the effect of 42 U.S.C. § 405(h) in precluding district court jurisdiction to review a decision of the Secretary of Health, Education, and Welfare regarding payments to a hospital under the Health Insurance for the Aged [Medicare] Act. The district court held that the Secretary's regulation for recapture of accelerated depreciation charges, 20 C.F.R. § 405.415(a)(3) (1975), was unconstitutional...

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