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CITIZENS GENERAL HOSP. v. HECKLER

Civ. A. No. 83-3845.

587 F.Supp. 951 (1984)

CITIZENS GENERAL HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of Health, & Human Services, Defendant.

United States District Court, District of Columbia.

June 29, 1984.

Attorney(s) appearing for the Case

Dennis M. Barry and Michael H. Cook of Wood, Lucksinger & Epstein of Washington, D.C., for plaintiffs.

Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, Asst. U.S. Atty., Henry R. Goldberg, Sheree R. Kanner and Deborah M. Chaskes, Department of Health & Human Services, Washington, D.C., for defendant; Juan A Del Real and Ann T. Hunsaker, Washington, D.C., of counsel.

ORDER

CHARLES R. RICHEY, District Judge.

Before the court are plaintiffs' motion for summary judgment and defendant's motion to remand. Plaintiffs, "provider[s] of services" participating in the Medicare program, 42 U.S.C. § 1395 et seq., are 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...

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