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DIPLOMAT LAKEWOOD INC. v. HARRIS

No. 78-1852.

613 F.2d 1009 (1979)

The DIPLOMAT LAKEWOOD INCORPORATED, an Ohio Corporation, Appellant, v. Patricia Roberts HARRIS, Secretary, U. S. Department of Health, Education and Welfare, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 1979.

Attorney(s) appearing for the Case

George R. Clark with whom Thomas C. Fox, Washington, D. C., was on the brief, for appellant.

Michele A. Goldfarb, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert*, U. S. Atty., John A. Terry and William H. Briggs, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before McGOWAN and WALD, Circuit Judges, and PENN, District Judge, United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This is an action by an independent nursing home (i. e., one not affiliated with a hospital) with more than 100 beds for reimbursement of certain costs under the Medicare program. At issue are regulations the Secretary of Health, Education and Welfare (HEW) issued in 1972 requiring a more accurate method of cost computation for hospitals or hospital-nursing home complexes having...

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