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WHITE MEMORIAL MEDICAL CENTER v. SCHWEIKER

Nos. 79-3204, 79-3209.

640 F.2d 1126 (1981)

WHITE MEMORIAL MEDICAL CENTER, a nonprofit corporation, Appellant, v. Richard S. SCHWEIKER, Secretary of Health & Human Services; Robert A. Derzon, Administrator, Health Care Financing Administration, Appellees. GENDALE ADVENTIST MEDICAL CENTER; Huntington Memorial Hospital; and White Memorial Medical Center, all California nonprofit corporations, Appellants, v. Richard S. SCHWEIKER, Secretary of Health & Human Services; Robert A. Derzon, Administrator, Health Care Financing Administration, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1981.

Rehearing Denied April 28, 1981.

Attorney(s) appearing for the Case

J. Robert Liset, Los Angeles, Cal., argued for appellants; Musick, Peeler & Garrett, Los Angeles, Cal., Jay H. Hedgepeth, Chicago, Ill., on brief.

Stephen D. Peterson and Evelyn W. Bradford, Los Angeles, Cal., for appellees.

Before GOODWIN and SNEED, Circuit Judges, and SOLOMON, District Judge.

GOODWIN, Circuit Judge.

The appellants are nonprofit hospitals that qualify as Medicare "providers of services" under 42 U.S.C. § 1395-1395rr.1 They appeal the district court's summary judgment, which affirmed in effect a decision of the Secretary of Health, Education and Welfare.2 The district court ruled that the hospitals did not meet the $50,000 group appeal jurisdictional requirement for 1973 and...

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