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JACKSON PARK HOSPITAL FOUNDATION v. UNITED STATES

No. 37-80C.

659 F.2d 132 (1981)

JACKSON PARK HOSPITAL FOUNDATION v. The UNITED STATES.

United States Court of Claims.

August 19, 1981.

Attorney(s) appearing for the Case

Robert G. Higgins, Chicago, Ill., for plaintiff; Erwin I. Katz, Chicago, Ill., attorney of record. Alvin L. Kruse and Hoffman & Davis, Chicago, Ill., of counsel.

Lorraine B. Halloway, Washington, D. C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant; Sandra P. Spooner, Washington, D. C. and Thomas Stuber, Baltimore, Md., of counsel.

Before DAVIS, KASHIWA and KUNZIG, Judges.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:

Jackson Park Hospital Foundation (Foundation) asks reimbursement under the Medicare Act, 42 U.S.C. § 1395 et seq. (1976) (amended Supp. III 1979), for costs based on the depreciation of its hospital and on interest payments it made. The Government says that regulations promulgated under the Act, 42 U.S.C. §§ 1395x(v)(1)(A), 1395hh...

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