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LOMA LINDA UNIVERSITY v. SCHWEIKER

No. 82-5213.

705 F.2d 1123 (1983)

LOMA LINDA UNIVERSITY, a California non-profit corporation, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services; Earl M. Collier, Jr., Deputy Administrator, Health Care Financing Administrator, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1983.

Attorney(s) appearing for the Case

J. Robert Liset, Musick, Peeler & Garrett, Los Angeles, Cal., for plaintiff-appellant.

Carolyn Reynolds, Asst. U.S. Atty., Los Angeles, Cal., Jeanne Schulte Scott, Washington, D.C., for defendants-appellees.

Before SKOPIL, NELSON and CANBY, Circuit Judges.

SKOPIL, Circuit Judge:

Loma Linda University appeals the district court's summary judgment for the Secretary of Health and Human Services. The district court found that substantial evidence supported the Deputy Administrator's determination that Loma Linda University Hospital's intensive care areas did not qualify as "special care inpatient units" under 42 C.F.R. § 405.452(d)(10) (1972). The issues on appeal are whether: (1) the Deputy Administrator's decision...

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