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LODI MEMORIAL HOSPITAL v. CALIFANO

Civ. A. No. 77-1316.

451 F.Supp. 651 (1978)

LODI MEMORIAL HOSPITAL, Plaintiff, v. Joseph A. CALIFANO, Secretary, Department of Health, Education and Welfare, Defendant.

United States District Court, District of Columbia.

May 22, 1978.

Attorney(s) appearing for the Case

John J. Vlahos, Michael A. Duncheon, Hanson, Bridgett, Marcus, Milne & Vlahos, San Francisco, Cal., Mark C. Ellenberg, Cadwalader, Wickersham & Taft, Washington, D. C., for plaintiff.

Robert N. Ford, Civ. Div., Chief Asst. U. S. Atty., Washington, D. C., Diane Moskal, Dept. of HEW, Washington, D. C., for defendant.

MEMORANDUM AND JUDGMENT

FLANNERY, District Judge.

I. Introduction and Background.

This matter is before the court on cross-motions for summary judgment. Because this case is somewhat complex, involving as it does a dispute over the meaning of certain Medicare regulations, a somewhat lengthy factual background is necessary. Plaintiff is an acute care health facility which is an authorized provider of services to Medicare patients. 42 U.S...

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