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ANNIE M. WARNER HOSPITAL v. HARRIS

No. 80-1515.

639 F.2d 961 (1981)

ANNIE M. WARNER HOSPITAL et al., Appellants, v. Patricia Roberts HARRIS, Secretary of The Department of Health, Education and Welfare.

United States Court of Appeals, Third Circuit.

Decided January 22, 1981.

Attorney(s) appearing for the Case

Stephanie W. Naidoff, Regional Atty., Diane C. Moskal (Argued), Asst. Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa., for appellee.

James H. Stewart, Jr. (Argued) Nauman, Smith, Shissler & Hall, Harrisburg, Pa., Roland Morris, Duane, Morris & Heckscher, Philadelphia, Pa., for appellants.

Before ADAMS and SLOVITER, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The issue presented by this appeal is whether the federal government, under the Medicare program, must reimburse hospitals for a special dues assessment each paid to the Hospital Association of Pennsylvania (HAP). The purpose of the assessment was to obtain funds for the capitalization of a malpractice insurance company sponsored by the Association. Establishing such a...

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