BROOKWOOD MEDICAL CTR., INC. v. CALIFANO

Civ. A. Nos. 78-2184, 79-136.

470 F.Supp. 1247 (1979)

BROOKWOOD MEDICAL CENTER, INC., Bessemer Carraway Medical Center, Inc., Carraway Methodist Medical Center, Inc., the Eye Foundation Hospital, Lloyd Nolan Foundation, Inc., Longview General Hospital, Inc., Baptist Medical Centers—Montclair, Baptist Medical Centers—Princeton, East End Memorial Hospital, St. Vincent's Hospital, Walker County Medical Center, Inc., and Community Hospital, Inc., v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare. SHALLOWFORD COMMUNITY HOSPITAL, Metropolitan Eye & Ear Hospital, Inc., Peachford Hospital, Inc., Broad Oaks Hospital, Inc., Desert Springs Hospital, Inc., Charter Medical Corporation d/b/a Gulf Coast Community Hospital, Lakeside Hospital, Inc., Braclay Hospital, Inc., Mesquite Memorial Hospital, Inc., Middle Georgia Hospital, Inc., Physicians and Surgeons Hospital, Inc., Health Services, Inc., d/b/a Retreat Mental Health Hospital, Charter Medical—Alabama, Inc., d/b/a Southland Hospital, Stuart Circle Hospital Corporation, Westbrook Psychiatric Hospital, Inc., Kellogg Psychiatric Hospital, and Charter Medical Corporation v. Joseph H. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, and Mutual of Omaha Insurance Company.

United States District Court, N. D. Georgia, Atlanta Division.

May 25, 1979.


Attorney(s) appearing for the Case

Jan Tore Hall, Roger W. Dickson, Stophel, Caldwell & Heggie, Chattanooga, Tenn., Smith, Cohen, Ringel, Kohler & Martin, Atlanta, Ga., for plaintiffs in case No. 78-2184.

Robert J. Castellani, First Asst. U. S. Atty., William L. Harper, U. S. Atty., Atlanta, Ga., for defendants in both cases.

William E. Hoffmann, Jr., Trotter, Bondurant, Griffin, Miller & Hishon, Atlanta, Ga., for plaintiffs in case No. 79-136.


ORDER

HAROLD L. MURPHY, District Judge.

This action arises out of the operation of plaintiff hospitals as providers of Medicare services pursuant to Title 18 of the Social Security Act, 42 U.S.C. § 1395, et seq. Plaintiffs Brookwood Medical Center, Inc., et al. instituted this action seeking to enjoin release by the defendant Secretary of provider cost reports filed with the Department of Health, Education and Welfare [Hereinafter "H.E.W."]. A similar...

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