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MILFORD MEMORIAL HOSPITAL, INC. v. UNITED STATES

No. 587-80C.

675 F.2d 270 (1982)

MILFORD MEMORIAL HOSPITAL, INC. v. The UNITED STATES.

United States Court of Claims.

March 10, 1982.

Attorney(s) appearing for the Case

Randy J. Holland, Georgetown, Del., atty. of record, for plaintiff; Morris, Nichols, Arsht & Tunnell, Georgetown, Del., of counsel.

Judith E. Cohn, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant; James S. Feight, Jr., Dept. of Health & Human Services, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, SKELTON, Senior Judge, and NICHOLS, Judge.

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

NICHOLS, Judge:

Plaintiff owns and operates a hospital and is a nonprofit "provider of services" under the Social Security Act, Title XVIII, 42 U.S.C. § 1395cc. It is reimbursed for costs incurred by it in providing care to Medicare beneficiaries. For the cost year ended June 30, 1974, the intermediary disallowed otherwise allowable reimbursement for the portion...

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