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JOHN MUIR MEMORIAL HOSP., INC. v. DAVIS

Nos. 83-1807, 83-1808.

726 F.2d 1443 (1984)

JOHN MUIR MEMORIAL HOSPITAL, INC., A California nonprofit corporation, Plaintiff-Appellant, v. Carolyne K. DAVIS, Ph.D., Administrator of the Health Care Financing Administration, Defendant-Appellee. MT. DIABLO HOSPITAL DISTRICT, dba Mt. Diablo Hospital Medical Center, Plaintiff-Appellant, v. Carolyne K. DAVIS, Ph.D., Administrator of the Health Care Financing Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1984.

Attorney(s) appearing for the Case

Patric Hooper, Prof. Laurence H. Tribe, Weissburg & Aronson, Inc., Los Angeles, Cal., for plaintiffs-appellants.

Jerry J. Bassett, Michael R. Power, Asst. Reg. Attys., San Francisco, Cal., for defendant-appellee.

Before MERRILL and SKOPIL, Circuit Judges, and GADBOIS, District Judge.

MERRILL, Circuit Judge.

By this action Appellants John Muir Memorial Hospital and Mt. Diablo Hospital District seek reimbursement from the Medicare program for a portion of their costs attributable to their participation in the Hill-Burton program. Appellee Secretary of Health and Human Services denied the claims. The hospitals sought review of that decision in the District Court. The District Court upheld the Secretary and the hospitals have taken this appeal.

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