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MARINA MERCY HOSPITAL v. HARRIS

No. 78-3759.

633 F.2d 1301 (1980)

MARINA MERCY HOSPITAL, Plaintiff-Appellant, v. Patricia HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1980.

Attorney(s) appearing for the Case

Robert A. Klein, Weissburg & Aronson, Inc., Los Angeles, Cal., argued for plaintiff-appellant; James C. Pylers, Los Angeles, Cal., on brief.

Carolyn M. Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellee.

Before POOLE, NELSON and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

Appellant Marina Mercy Hospital (the Hospital) is a qualified "provider of services" under the Medicare program.1 It is a limited partnership whose sole general partner is Mercy Management Corporation (MMC). MMC has two shareholders, Frances Taylor, M.D., and William Born. Taylor and Born together also own 20.46% of the limited partnership interests in the Hospital; the remaining interests are dispersed in small...

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