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FAITH HOSPITAL ASS'N v. UNITED STATES

No. 532-78.

634 F.2d 526 (1980)

FAITH HOSPITAL ASSOCIATION v. The UNITED STATES.

United States Court of Claims.

September 10, 1980.

Attorney(s) appearing for the Case

Alan C. Kohn, St. Louis, Mo., attorney of record for plaintiff. Kohn, Shands, Elbert, Gianoulakis & Giljum, Terry Lueckenhoff, St. Louis, Mo., of counsel.

Alexander Younger, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. David B. Palmer, Dept. of Health, Education, and Welfare, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KASHIWA, KUNZIG, BENNETT and SMITH, Judges, en banc.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

KUNZIG, Judge:

This difficult and complex Medicare case deals with the appropriate allocation of costs for Faith Hospital's ancillary services departments-anesthesiology, cardiology, pathology and radiology-concerning hospital-based physicians. Once more, it involves this court in the application and interpretation of the Secretary of Health, Education, and Welfare's (HEW)

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