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  5. 628 F.Supp. 1121 (1985)
 

WALTER O. BOSWELL MEMORIAL HOSP. v. HECKLER

Civ. A. Nos. 82-0710, 82-3259, 83-0222, 83-1092, 83-1357, 83-1903, 83-1954, 84- 2993, 85-0730, 85-1290, 85-1706, 85-1707, 85-1753, 85-2402 and 85-2825.

628 F.Supp. 1121 (1985)

WALTER O. BOSWELL MEMORIAL HOSPITAL, Plaintiff, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. HOWARD UNIVERSITY HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. QUEEN'S MEDICAL CENTER, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. ALLENDALE COUNTY HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant. MEMORIAL HOSPITAL, Plaintiff, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. GREATER SOUTHEAST COMMUNITY HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant. CENTRAL PENINSULA GENERAL HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. BEEBE HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. HOWARD UNIVERSITY HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. GEORGE WASHINGTON UNIVERSITY HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. HARTSELLE MEDICAL CENTER, INC., et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant. DANIEL FREEMAN HOSPITALS, INC. et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant. COUNTY OF LOS ANGELES, etc., Plaintiff, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant. MILFORD MEMORIAL HOSPITAL, Plaintiff, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants. METHODIST HOSPITALS OF MEMPHIS, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

Amended Order December 20, 1985.

Attorney(s) appearing for the Case

Ronald N. Sutter, Powers, Pyles, Sutter & O'Hare, Washington, D.C., for plaintiffs.

Shalom Brilliant, U.S. Dept. of Justice, Civil Div., Gerard Keating, Mark H. Gallant, Dept. of Health and Human Services, Office of the General Counsel, Ellen Lee Park, Asst. U.S. Atty., Washington, D.C., for defendants.

MEMORANDUM

BRYANT, Senior District Judge.

This action is before the court on both plaintiffs' and defendants' motions for summary judgment. For the reasons stated below, this court grants summary judgment for the plaintiffs, and denies defendants' motion.

I. Introduction

In 1979, the Secretary of the Department of Health and Human Services ("HHS") promulgated a regulation, commonly known...

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