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HUMANA OF VIRGINIA v. BLUE CROSS OF VIRGINIA

No. 78-1857.

622 F.2d 76 (1980)

HUMANA OF VIRGINIA, INC., d/b/a St. Luke's Hospital; Chippenham Hospital, Inc.; Johnston-Willis Hospital, Inc.; St. Elizabeth's Hospital, Inc., d/b/a St. Elizabeth's Hospital and Grace Hospital, Appellees, v. BLUE CROSS OF VIRGINIA; Joseph A. Califano, Jr., Secretary of Health, Education & Welfare; Mutual of Omaha Insurance Company, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1980.

Attorney(s) appearing for the Case

Leonard Schaitman and Eloise E. Davies, App. Staff, Civil Division, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., on brief), for appellants.

G. H. Gromel, Jr., Richmond, Va. (Joseph M. Spivey, III, Hunton & Williams, Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and FIELD, Senior Circuit Judge.

FIELD, Senior Circuit Judge:

The plaintiffs/appellees are providers of services under the Medicare program1 and, accordingly, are required to file cost reports, which contain detailed financial information, to their fiscal intermediary, Blue Cross of Virginia. 42 U.S.C. § 1395g; 42 C.F.R. § 405.453. The Secretary of Health, Education and Welfare has promulgated a regulation which provides that such cost reports shall be made...

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