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CLEVELAND MEMORIAL HOSPITAL, INC. v. CALIFANO

No. 78-1317.

594 F.2d 993 (1979)

CLEVELAND MEMORIAL HOSPITAL, INC., Grace Hospital Inc., Rutherford Hospital, Inc., and Nash General Hospital, Inc., Appellees, v. Joseph A. CALIFANO, Jr., Secretary of HEW, Blue Cross and Blue Shield of NC, Blue Cross Association, Provider Reimbursement Review Board, and Arthur P. Owens, Chairman of the Provider Reimbursement Review Board, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1979.

Attorney(s) appearing for the Case

Michael Jay Singer, Civil Division, Appellate Section, Dept. of Justice Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., George M. Anderson, U. S. Atty., Raleigh, N. C., Robert E. Kopp and Judith S. Feigin, Civil Division, Appellate Section, Department of Justice, Washington, D. C., on brief), for appellants.

John T. Williamson, Raleigh, N. C. (Maupin, Taylor & Ellis, P. A., Raleigh, N. C., on brief), for appellees.

Before WINTER, BUTZNER and HALL, Circuit Judges.

K. K. HALL, Circuit Judge:

The single issue presented in this appeal is whether a group of medical care providers, appealing the denial of reimbursement under the Medicare program, may aggregate more than one cost report from each group member to meet the jurisdictional amount for group appeals to the Provider Reimbursement Review Board. The district court held that such aggregation is permitted under Title XVIII of the Social Security Act, 42 U.S.C. § 1395

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