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UNIVERSITY OF CINCINNATI v. HECKLER

No. 83-3078.

733 F.2d 1171 (1984)

UNIVERSITY OF CINCINNATI, d/b/a Cincinnati General Hospital, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 14, 1984.

Rehearing Denied June 22, 1984.

Attorney(s) appearing for the Case

Kenneth R. Faller, Cincinnati, Ohio, for plaintiff-appellant.

Donetta D. Wiethe, Asst. U.S. Atty., Cincinnati, Ohio, Sarah Willis Wilcox (argued), Washington, D.C., for defendant-appellee.

Before ENGEL, KRUPANSKY and WELLFORD, Circuit Judges.

WELLFORD, Circuit Judge.

The appellant, the Cincinnati General Hospital (Cincinnati General), is operated by a state university, the University of Cincinnati (University), and is a provider of Medicare services under the federal Health Insurance for the Aged and Disabled Act (Act), 42 U.S.C. § 1395, et seq. Cincinnati General appeals the order dismissing its complaint by the United States District Court for the Southern District of Ohio, Western Division...

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