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SUN TOWERS, INC. v. SCHWEIKER

No. 82-1027.

694 F.2d 1036 (1983)

SUN TOWERS, INC., A Texas Corporation, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 6, 1983.

Attorney(s) appearing for the Case

Weissburg & Aronson, Inc., Patric Hooper, Los Angeles, Cal., for plaintiff-appellant.

Patricia Yonushonis, Atty., Dept. of Health & Human Services, Washington, D.C., for defendant-appellee.

Before WISDOM, REAVLEY and TATE, Circuit Judges.

TATE, Circuit Judge:

The plaintiff Sun Towers, Inc. (Sun Towers) appeals from the district court's grant of summary judgment in favor of the defendant Secretary of Health and Human Services (Secretary) after judicial review of the administrative record in the case. The issue was whether the plaintiff, a corporation that operates a hospital in El Paso, Texas, was entitled to additional per diem patient care allotments made to Medicare providers under 42 C.F.R. §...

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