IREDELL MEMORIAL HOSP., INC. v. SCHWEIKER

No. 82-1208.

699 F.2d 196 (1983)

IREDELL MEMORIAL HOSPITAL, INC., Appellee, v. Richard S. SCHWEIKER, Secretary of the United States Department of Health and Human Services, Appellant. American Hospital Association, and State Hospital Associations for the states of South Carolina, North Carolina, Virginia, West Virginia, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1983.


Attorney(s) appearing for the Case

Marleigh D. Dover, Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Charles W. Brewer, Asst. Atty. Gen., Fresno, Cal., Anthony J. Steinmeyer, Dept. of Justice, Washington, D.C., on brief), for appellant.

Leonard C. Homer, Baltimore, Md. (Ober, Grimes & Shriver, Baltimore, Md., on brief), for South Carolina Hosp. Ass'n, North Carolina Hosp. Ass'n, Virginia Hosp. Ass'n and West Virginia Hosp. Ass'n.

Patricia S. Hofstra, Chicago, Ill., on brief, for American Hosp. Ass'n.

Anthony H. Brett, Winston-Salem, N.C. (Roddey M. Ligon, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for Iredell Memorial Hosp., Inc.

Before RUSSELL, WIDENER and SPROUSE, Circuit Judges.


SPROUSE, Judge:

This action was commenced administratively by Iredell Memorial Hospital, Inc. ("the Hospital"), to obtain reimbursement under the Medicare Act1 for costs the Hospital incurred in providing free medical care to indigent patients, as required by the Hill-Burton Act.2 The Blue Cross Association/Blue Cross and Blue Shield of North Carolina, as fiscal Intermediary...

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