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ARLINGTON HOSP. v. HECKLER

Nos. 82-1946, 82-2047, 83-1439 and 83-1446.

731 F.2d 171 (1984)

The ARLINGTON HOSPITAL, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health & Human Services, Appellee. The ARLINGTON HOSPITAL, Appellee, v. Margaret M. HECKLER, Secretary, Department of Health & Human Services, Appellant. The ARLINGTON HOSPITAL, Appellee, v. Margaret M. HECKLER, Secretary, Department of Health & Human Services, Appellant. The ARLINGTON HOSPITAL, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health & Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1984.

Attorney(s) appearing for the Case

Leonard C. Homer, Baltimore, Md. (Sanford V. Teplitzky, Warren B. Daly, Jr., Ober, Grimes & Shriver, Baltimore, Md., on brief), for appellant.

Amy Yourman, Dept. of Health and Human Services, New York City (Elsie L. Munsell, U.S. Atty., Paula P. Newett, Alexandria, Va., Asst. U.S. Atty., Juan A. Del Real, Gen. Counsel, Ann T. Hunsaker, Asst. Gen. Counsel, Dept. of Health and Human Services, Washington, D.C., on brief), for appellee.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

K.K. HALL, Circuit Judge:

The Secretary of the Department of Health and Human Services ("Secretary") cross-appeals from a portion of an order of the district court, reversing the Secretary's denial of reimbursement to Arlington Hospital ("Hospital") for the cost of inpatient telephone services provided to Medicare beneficiaries under Title XVIII of the Social Security Act, 42 U.S.C. § 1395, et seq.1

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