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POMONA VALLEY COMMUNITY HOSP., LTD. v. HECKLER

Civ. A. No. 81-2031.

587 F.Supp. 935 (1984)

POMONA VALLEY COMMUNITY HOSPITAL LTD., Plaintiffs, v. Margaret M. HECKLER, Secretary of Department of Health & Human Services, Defendant.

United States District Court, District of Columbia.

June 29, 1984.

Attorney(s) appearing for the Case

Patrick O'Hare of Weissburg & Aronson, Inc. and Bruce R. Gilbert, of Case & Cohen, Washington, D.C., Patric Hooper of Weissburg & Aronson, Los Angeles, Cal., for plaintiffs.

Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and John W. Polk, Asst. U.S. Attys., Washington, D.C., for defendant; Leila Carp, Dept. of Health & Human Services, Baltimore, Md., Henry R. Goldberg, Sheree R. Kanner and Deborah M. Chaskes, Dept. of Health & Human Services, Washington, D.C., of counsel.

ORDER

CHARLES R. RICHEY, District Judge.

Before the court are plaintiff's motion for summary judgment and defendant's motion to remand. Plaintiff, a "provider of services" participating in the Medicare program, 42 U.S.C. § 1395 et seq., is challenging defendant's reimbursement for certain fiscal years. At issue is the proper treatment of maternity patients found in the labor/delivery area at the midnight census-taking hour for purposes of calculating...

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