BUTLER COUNTY MEMORIAL HOSP. v. HECKLER

No. 85-3240.

780 F.2d 352 (1985)

BUTLER COUNTY MEMORIAL HOSPITAL, a nonprofit corporation, Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services. Appeal of UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 30, 1985.


Attorney(s) appearing for the Case

Ira S. Lefton (Argued), Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee.

Beverly Dennis, III, Regional Atty., Hanes S. Feight, Jr. (Argued), Asst. Regional Atty., Office of the General Counsel, Dept. of Health and Human Services Region III, Philadelphia, Pa., J. Alan Johnson, U.S. Atty., Judith K. Giltenboth, Asst. U.S. Atty., Pittsburgh, Pa., for appellant.

Before ADAMS, Acting Chief Judge, GIBBONS and STAPLETON, Circuit Judges.


OPINION OF THE COURT

ADAMS, Acting Chief Judge.

This civil action challenges a final determination of the Secretary of Health and Human Services concerning the proper rate of Medicare reimbursement for certain hospital services. The district court disputed the Secretary's conclusions, and entered summary judgment for the plaintiff. Since we conclude that this decision did not accord the appropriate deference to administrative policies in a complex area,...

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