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VILLA VIEW COMMUNITY HOSP., INC. v. HECKLER

No. 81-5713.

720 F.2d 1086 (1983)

VILLA VIEW COMMUNITY HOSPITAL, INC., a nonprofit corporation, Plaintiff-Appellant, v. Margaret H. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1983.

Attorney(s) appearing for the Case

Gail Anderson, Weissburg & Aronson, Inc., Los Angeles, Cal., for plaintiff-appellant.

Peter W. Bowie, Asst. U.S. Atty., San Diego, Cal., Alan M. Gressin, Atty., Dept. of Health & Human Services, Washington, D.C., for defendant-appellee.

Before FLETCHER and NELSON, Circuit Judges, and EAST, Senior District Judge.

EAST, Senior District Judge:

The Secretary of Health and Human Services (Secretary) disallowed reimbursement under the Medicare Act1 for amortization of land use costs claimed by Villa View Community Hospital (Villa View). The District Court affirmed the Secretary's disallowance and Villa View appealed. Because we find the Secretary's action lacks a rational basis and is unsupported by substantial...

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