ST. MARY OF NAZARETH HOSPITAL CENTER v. DEPT. OF H. & H. SERVICES

Nos. 82-1237, 82-1253.

698 F.2d 1337 (1983)

SAINT MARY OF NAZARETH HOSPITAL CENTER, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants-Appellees. ST. JAMES HOSPITAL, Plaintiff-Appellee, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1983.

As Amended February 4, 1983.

Rehearing and Rehearing Denied April 1, 1983.


Attorney(s) appearing for the Case

Leonard C. Homer, Ober, Grimes & Shriver, Baltimore, Md., for plaintiffs-appellants/appellees.

Katherine S. Gruenheck, Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellees/appellants.

Before BAUER and COFFEY, Circuit Judges, and WISDOM, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied April 1, 1983.

COFFEY, Circuit Judge.

This appeal is the consolidation of two conflicting district court decisions challenging the payment of Medicare funds to hospitals in reimbursement of Medicare's percentage of the costs incurred by hospitals in rendering medical care to indigents in fulfillment of the hospitals' obligations to the federal government as recipients of Hill-Burton funds. In Saint Mary of Nazareth...

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