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SUN TOWERS, INC. v. HECKLER

No. 82-1481.

725 F.2d 315 (1984)

SUN TOWERS, INC., et al., Plaintiffs-Appellants Cross-Appellees, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 2, 1984.

Attorney(s) appearing for the Case

Weissburg & Aronson, Inc., Ronald N. Sutter, Washington, D.C., Robert A. Klein, Patric Hooper, Los Angeles, Cal., for Sun Towers, Inc.

Thomas W. Coons, Health Care Financing Div., Dept. of HHS, Baltimore, Md., Anthony J. Steinmeyer, Atty., Civ. Div., Wendy M. Keats, Washington, D.C., for Margaret M. Heckler.

Before BROWN and RANDALL, Circuit Judges, and HUNTER, District Judge.

RANDALL, Circuit Judge:

Plaintiffs in this suit are forty-seven hospitals that are owned and operated by Hospital Corporation of America ("HCA"). The defendant is the Secretary of Health and Human Services, who is responsible for the administration of Title XVIII of the Medicare Act, 42 U.S.C. §§ 1395 et seq. (1976 & Supp. V 1981). The Medicare Act requires the Secretary to reimburse provider hospitals for the reasonable costs of treating Medicare...

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