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NORTH CLACKAMAS COMMUNITY HOSPITAL v. HARRIS

No. 77-2556.

664 F.2d 701 (1980)

NORTH CLACKAMAS COMMUNITY HOSPITAL, dba Dwyer Memorial Hospital, Plaintiff-Appellant, v. Patricia HARRIS, Secretary of Health and Human Services, the United States of America; Provider Reimbursement Review Board; Blue Cross Association and Blue Cross of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 31, 1980.

Attorney(s) appearing for the Case

Joy D. Abele, Jack, Goodwin & Urbigkeit, Oregon City, Or., for plaintiff-appellant.

Patrick E. McBride, Seattle, Wash., for defendants-appellees.

Before WALLACE and KENNEDY, Circuit Judges, and ORRICK, District Judge.

KENNEDY, Circuit Judge:

In 1971, North Clackamas Community Hospital (NCCH), an Oregon nonprofit corporation, purchased Dwyer Memorial Hospital. Thereafter, it sought reimbursement under the Medicare Act, 42 U.S.C. §§ 1395-1395rr (1976 & Supp. II 1978), for the yearly amortization of certain intangible assets acquired in the purchase. Blue Cross of Oregon, as agent of the United States, disallowed the reimbursement, and the appellee Secretary,

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