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SAMARITAN HEALTH CENTER v. HECKLER

Civ. A. No. 85-0464.

636 F.Supp. 503 (1985)

SAMARITAN HEALTH CENTER, et al., Plaintiffs, v. Margaret M. HECKLER, Defendant.

United States District Court, District of Columbia.

Supplemental Memorandum August 29, 1985.

Attorney(s) appearing for the Case

James L. Feldesman, Klores, Feldesman & Tucker, Washington, D.C., for plaintiffs.

Richard K. Willard, Acting Asst. Atty. Gen., Civ. Div., Joseph E. DiGenova, U.S. Atty., Ellen Lee Park, Asst. U.S. Atty., Sandra M. Schraibman, Keith Fischler, Attorneys, Civ. Div., Washington, D.C., for defendant; Terry Coleman, Acting Gen. Counsel, Ann Hunsaker, Asst. Gen. Counsel, Denise Rodriguez, Atty., U.S. Dept. of Health & Human Services, Washington, D.C., of counsel.

MEMORANDUM

OBERDORFER, District Judge.

By agreement of the parties, this matter has been submitted on the merits. For reasons set forth in a Memorandum to be filed, an accompanying order will declare that the Court has jurisdiction over the plaintiffs' complaint, that the plaintiff hospitals have standing to sue, and that the Secretary also has a clear, nondiscretionary duty to develop and publish a definition of "disproportionate share" hospitals

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