GOLETA VALLEY COMMUNITY HOSPITAL v. SCHWEIKER

No. 77-3944.

647 F.2d 894 (1981)

GOLETA VALLEY COMMUNITY HOSPITAL, a California non-profit corporation, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of the United States Department of Health and Human Services; Blue Cross of Southern California, a California corporation; Blue Cross Association, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1981.


Attorney(s) appearing for the Case

Kurt H. Pyle, Schramm & Raddue, Santa Barbara, Cal., for plaintiff-appellant.

Henry Eigles, Baltimore, Md., for defendants-appellees; Frederick M. Brosio, Jr., Asst. U. S. Atty., Los Angeles, Cal., on brief.

Before WALLACE and SCHROEDER, Circuit Judges, and SOLOMON, District Judge.


WALLACE, Circuit Judge:

Appellant Goleta Valley Community Hospital (Hospital) was denied medicare reimbursement for interest costs and depreciation costs attributable to the purchase of a facility from San Marcos Associates (SMA). The Secretary of Health and Human Services (Secretary) denied reimbursement for these costs pursuant to 42 C.F.R. § 405.4271 and § 405.419(c)(1)2, because he determined...

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