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GOOD SAMARITAN HOSPITAL, CORVALLIS v. MATHEWS

No. 77-3308.

609 F.2d 949 (1979)

GOOD SAMARITAN HOSPITAL, CORVALLIS, Plaintiff-Appellant, v. F. David MATHEWS, Secretary of Health, Education and Welfare of the United States of America, Blue Cross Association and Northwest Hospital Service, dba Blue Cross of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 13, 1979.

Attorney(s) appearing for the Case

Robert G. Simpson, Spaulding, Portland, Or., on brief; Ridgway K. Foley, Jr., Southern, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for plaintiff-appellant.

Jack G. Collins, Asst. U. S. Atty., Portland, Or., James C. Pyles, Baltimore, Md., on brief; Raenele Côté, Dept. HEW, Baltimore, Md., for defendants-appellees.

Before COWEN, Court of Claims Judge, and KILKENNY and HUG, Circuit Judges.

KILKENNY, Circuit Judge:

Appellant [Good Sam], the plaintiff below, appeals from a judgment dismissing its claim in an action prosecuted under the provisions of Title XVIII of the Social Security Act and related statutory provisions. The controversy grows out of a claim filed by Good Sam against appellee Blue Cross of Oregon [Blue Cross] for reimbursement of interest on construction loans as a current expense item under the Medicare Act, 42 U.S.C. § 1395,

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