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ST. ELIZABETH COM. HOSP. v. HECKLER

Nos. 82-4658, 83-2282.

745 F.2d 587 (1984)

ST. ELIZABETH COMMUNITY HOSPITAL, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1984.

Attorney(s) appearing for the Case

Cary Adams, Memel, Jacobs, Pierno & Gersh, Sacramento, Cal., for plaintiff-appellant.

Michael Power, Jerry J. Bassett, Asst. Regional Atty., Sacramento, Cal., for defendant-appellee.

Before PHILLIPS, Senior Circuit Judge, and FLETCHER and REINHARDT, Circuit Judges.

PHILLIPS, Senior Circuit Judge:

This is an action for judicial review of a final decision of the Secretary of Health and Human Services that plaintiff, St. Elizabeth Community Hospital, does not qualify for a "sole community provider" exemption from the Medicare cost limits for cost years 1977 and 1978. The district court affirmed the final decision of the Secretary. Plaintiff appeals. We reverse.

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