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ROCHESTER METHODIST HOSP. v. TRAVELERS INS. CO.

Nos. 83-1190, 83-1260 and 83-1261.

728 F.2d 1006 (1984)

ROCHESTER METHODIST HOSPITAL, a Minnesota non-profit corporation, Appellee, v. The TRAVELERS INSURANCE COMPANY, a Connecticut corporation, U.S. Department of Health and Human Services, Appellant. ROCHESTER METHODIST HOSPITAL, a Minnesota non-profit corporation, Appellee, v. The TRAVELERS INSURANCE COMPANY, a Connecticut corporation, Appellant, U.S. Department of Health and Human Services. ROCHESTER METHODIST HOSPITAL, a Minnesota non-profit corporation, Appellant, v. The TRAVELERS INSURANCE COMPANY, a Connecticut corporation, and U.S. Department of Health and Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1984.

Rehearing and Rehearing Denied April 24, 1984.

Attorney(s) appearing for the Case

James M. Rosenbaum, U.S. Atty., Minneapolis, Minn., J. Paul McGrath, Asst. Atty. Gen., Anthony J. Steinmeyer and Peter R. Maier, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for appellant.

Dorsey & Whitney, William J. Keppel, Charles L. Sweeris, Minneapolis, Minn., for Rochester Methodist Hosp.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

Rehearing and Rehearing En Banc Denied April 24, 1984.

ARNOLD, Circuit Judge.

Rochester Methodist Hospital of Rochester, Minnesota, seeks to obtain reimbursement from Travelers Insurance Company, a fiscal intermediary under the Medicare program, of costs incurred in connection with a nursing-education program. We affirm the District Court's1 holding in favor of Rochester. The principal defense offered by Travelers is that it is...

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