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BELLWOOD GENERAL HOSPITAL v. SCHWEIKER

No. 80-5698.

673 F.2d 1043 (1982)

BELLWOOD GENERAL HOSPITAL, a corporation, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1982.

Attorney(s) appearing for the Case

Robert A. Klein, Weissburg & Aronson, Washington, D. C., for plaintiff-appellant.

Thomas K. Stuber, Asst. U. S. Atty., Baltimore, Md., argued for defendant-appellee; Carolyn M. Reynolds, Asst. U. S. Atty., Los Angeles, Cal., on brief.

Before WRIGHT, WALLACE, and ANDERSON, Circuit Judges.

PER CURIAM:

Bellwood General Hospital (the hospital) rents its facility from Bellwood Investors, Inc., a corporation controlled by a partnership composed of nineteen physicians practicing at the hospital and one investment banker (the lessors). The hospital filed claims for reimbursement of certain Medicare expenses including rental costs paid to the lessors. The Secretary disallowed the rental costs and substituted the ownership costs to the lessors. The hospital...

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