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COLUMBUS COMMUNITY HOSPITAL, INC. v. CALIFANO

No. 79-1273.

614 F.2d 181 (1980)

COLUMBUS COMMUNITY HOSPITAL, INC., a Nebraska Nonprofit Corporation, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant, and Blue Cross of Nebraska, a Nebraska nonprofit Corporation, and Blue Cross Association, an Illinois nonprofit Corporation.

United States Court of Appeals, Eighth Circuit.

Decided January 29, 1980.

Attorney(s) appearing for the Case

Thomas K. Stuber, Dept. of H.E.W., Baltimore, Md., for appellant; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Edward G. Warin, U.S. Atty., Omaha, Neb., Leila H. Carp, Atty., Dept. of H.E.W., Baltimore, Md., on brief.

Lyman L. Larsen, Kennedy, Holland, DeLacy & Svoboda, Omaha, Neb., for appellee.

Before GIBSON, Chief Judge, and STEPHENSON and HENLEY, Circuit Judges.

FLOYD R. GIBSON, Senior Judge.*

The Secretary of Health, Education and Welfare appeals the decision of the United States District Court for the District of Nebraska1 which found Columbus Community Hospital, Inc. to be entitled under applicable Medicare regulations to use a cost basis for depreciation of the hospital facility which exceeded its direct outlay in purchasing...

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