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ATHENS COMMUNITY HOSP., INC. v. SCHWEIKER

Nos. 81-1807, 81-1814.

743 F.2d 1 (1984)

ATHENS COMMUNITY HOSPITAL, INC., et al. v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. HOSPITAL CORPORATION OF AMERICA, A Tennessee Corporation v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 28, 1984.

Attorney(s) appearing for the Case

Susanne M. Lee, Atty. Dept. of Health and Human Services, Washington, D.C., with whom Juan A. del Real, Gen. Counsel, Lynne K. Zusman, Deputy Gen. Counsel and Henry R. Goldberg, Atty., Dept. of Health and Human Services, Washington, D.C., were on the brief, for appellants. Kenneth M. Raisler, Valerie K. Schurman and Royce C. Lamberth, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellants.

James C. Pyles, Washington, D.C., with whom Robert A. Klein, Washington, D.C., was on the brief, for appellees. Patrick K. O'Hare, Washington, D.C., also entered an appearance for appellees.

Before ROBINSON, Chief Judge, BORK, Circuit Judge, and LARSON, Senior District Judge for the United States District Court of Minnesota.

On Petition for Rehearing.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

These consolidated actions were brought by a group of hospitals seeking reimbursement under the Medicare program for certain income tax and employee stock option costs incurred in the provision of health care. In our initial opinion, we upheld the decision of the Provider Reimbursement Review Board ("PRRB" or "Board") that it did not have jurisdiction...

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