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FAIRFAX HOSPITAL ASS'N, INC. v. CALIFANO

No. 77-1552.

585 F.2d 602 (1978)

FAIRFAX HOSPITAL ASSOCIATION, INC., Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1978.

Attorney(s) appearing for the Case

William E. Donnelly, III, Fairfax, Va. (McCandlish, Lillard, Bauknight, Church & Best, Fairfax, Va., on brief), for appellant.

Eugene Tillman, Atty., Dept. of Health, Education & Welfare (William B. Cummings, U. S. Atty., and George P. Williams, Asst. U. S. Atty., Alexandria, Va., on brief), for appellee.

Robert A. Klein, Douglas B. Schwab, Weissburg & Aronson, Los Angeles, Cal., on brief, for amicus curiae Federation of American Hospitals.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The plaintiff/appellant, a private provider of hospital services to the aged, has appealed from a decree of the District Court, granting summary judgment for the defendant/appellee, and sustaining a decision of the Commissioner of Social Security, under valid delegation from the Secretary of Health, Education and Welfare, denying reimbursement for certain costs claimed by the appellant in furnishing services under the "Medicare" program...

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