SPOKANE VALLEY GENERAL HOSP. v. SCHWEIKER

No. 81-3061.

697 F.2d 848 (1983)

SPOKANE VALLEY GENERAL HOSPITAL, INC., a Washington Corporation; and American Medicorp, Inc., A Delaware Corporation, Plaintiffs-Appellees, v. Richard S. SCHWEIKER, Secretary of Health and Human Services; Blue Cross Association, an Illinois Corporation; and Blue Cross Washington/Alaska, Inc., A Washington Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1983.


Attorney(s) appearing for the Case

Alfred Mollin, Washington, D.C., for defendants-appellants.

Thomas H. Brock, Malcolm J. Harkins, III, Casson, Calligaro & Mutryn, Washington, D.C., for plaintiffs-appellees.

Before KENNEDY, FARRIS and NORRIS, Circuit Judges.


NORRIS, Circuit Judge:

This is a medicare reimbursement case. The Secretary appeals a summary judgment reversing the Secretary's denial of reimbursement.

In 1967 five doctors formed Valley Mission, Inc., for the purpose of constructing a physical facility to house a hospital. In February 1968 the same five doctors formed Spokane Valley General Hospital, Inc., (SVGH I)1 which entered into an agreement with Valley Mission to operate...

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