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ABBOTT-NORTHWESTERN HOSP., INC. v. SCHWEIKER

No. 82-1029.

698 F.2d 336 (1983)

ABBOTT-NORTHWESTERN HOSPITAL, INC., et al., Plaintiffs-Appellees, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1983.

Attorney(s) appearing for the Case

Thorwald H. Anderson, Jr., U.S. Atty., Minneapolis, Minn., J. Paul McGrath, Asst. Atty. Gen., Anthony J. Steinmeyer and Carlene v. McIntyre, Civ.Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Hubert V. Forcier, Jerry W. Snider, James L. Volling, Minneapolis, Minn., for plaintiffs-appellees; Faegre & Benson, Minneapolis, Minn., of counsel.

Before LAY, Chief Judge, BRIGHT, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

This appeal concerns the treatment, in the course of a retroactive adjustment, of interest earned on over-payments of social security taxes by providers of health services under the Medicare Act. The Secretary of Health and Human Services required that any interest received by the providers and attributable to Medicare payments be offset against the interest expense claimed by the providers under the Act. On appeal the district court...

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