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FAULKNER HOSP. CORP. v. SCHWEIKER

No. 82-1528.

702 F.2d 22 (1983)

The FAULKNER HOSPITAL CORPORATION, Plaintiff, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 10, 1983.

Attorney(s) appearing for the Case

Lawrence E. Burstein, Asst. Regional Atty., Dept. of Health and Human Services, Boston, Mass., with whom William F. Weld, U.S. Atty., Charles K. Mone, Asst. U.S. Atty., and Samuel C. Fish, Regional Atty., Boston, Mass., were on brief, for defendant, appellant.

Thomas F. Maffei, Boston, Mass., with whom Michael K. Loucks, and Choate, Hall & Stewart, Boston, Mass., were on brief, for plaintiff, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and PETTINE, Senior District Judge.

PER CURIAM.

In this case Faulkner Hospital seeks Medicare reimbursement for certain capital costs that it incurred as the result of the construction of its new hospital facility in Jamaica Plain, Massachusetts. Faulkner claims that it is entitled to a depreciation allowance for advances made to cover the operating deficit of Doctors Hospital. These advances were made by Faulkner because it was required to phase out all inpatient services at Doctors Hospital under...

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