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NKC, INC. v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 83-5864.

747 F.2d 1100 (1984)

NKC, INC., Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 15, 1984.

Attorney(s) appearing for the Case

Carson P. Porter (argued), Gaylee W. Gillim, Rice & Porter, Louisville, Ky., for plaintiff-appellant.

Ann Watkins, Regional Atty., Dept. of Health & Human Services, Shelley B. Slafkes, Atlanta, Ga., Ronald E. Meredith, U.S. Atty., Dana Petti (argued), Louisville, Ky., for defendant-appellee.

Before EDWARDS and KEITH, Circuit Judges, and BROWN, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

NKC, Inc., plaintiff-appellant, in this appeal operates the Norton-Children's Hospital, Inc., a 492 bed hospital in Louisville, Kentucky. As a part of its hospital operation, Norton's operates a unit which it terms its Transitional Care Unit. Norton's also operates in the same hospital an Intensive Care Unit, a Coronary Care Unit, a Burns Unit and a Neo-Natal Unit. From 1971 to 1976 all of these previously named units were...

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