SAINT FRANCIS MEMORIAL HOSPITAL v. WEINBERGER

No. C-73-0495 AJZ.

413 F.Supp. 323 (1976)

SAINT FRANCIS MEMORIAL HOSPITAL, a Non-Profit Corporation, Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al., Defendants.

United States District Court, N. D. California.

On Motion to Alter Judgment April 23, 1976.


Attorney(s) appearing for the Case

Weissburg & Aronson, Robert A. Klein, Los Angeles, Cal., for plaintiff.

James L. Browning, Jr., U. S. Atty., George C. Stoll, Asst. U. S. Atty., San Francisco, Cal., for defendants.


ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

ZIRPOLI, District Judge.

This case presents the question whether hospitals, as "providers" of medical services to Medicare recipients, are entitled to reimbursement under the Medicare Act for interest paid on construction loans in the year they pay it when, under their normal accounting practices, they "expense" such interest payments. Plaintiff is a hospital recognized as a provider under the Medicare...

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