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ST. MARY'S HOSPITAL, INC. v. HARRIS

No. 79-1421. Summary Calendar.

604 F.2d 407 (1979)

ST. MARY'S HOSPITAL, INC., Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, and Blue Cross of Florida, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 12, 1979.

Attorney(s) appearing for the Case

J. Timothy Sheehan, West Palm Beach, Fla., for plaintiff-appellant.

Leonard Schaitman, Eloise E. Davies, App. Staff, Civ. Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Linda M. Cole, Appellate Staff, Civil Div., Dept. of Justice, Washington, D. C., for Blue Cross of Florida.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges:

VANCE, Circuit Judge:

Appellant St. Mary's Hospital, Inc., a provider of Medicare services pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395-1395rr, appeals the district court's order granting summary judgment in favor of appellees Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, and Blue Cross of Florida, Inc., his fiscal intermediary. St. Mary's contends on appeal that the district court erred in upholding Blue Cross...

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