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CARRAWAY METHODIST MEDICAL CENTER v. HECKLER

No. 84-7338.

753 F.2d 1006 (1985)

CARRAWAY METHODIST MEDICAL CENTER, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 22, 1985.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., Dana Joseph Petti, Asst. Regional Atty., Atlanta, Ga., for defendant-appellant.

Margaret M. Manning, Ober, Grimes & Shriver, Sanford V. Teplitzky, Deborah A. Randall, Baltimore, Md., for plaintiff-appellee.

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This action challenges the rate of reimbursement determined by the Secretary, pursuant to 42 C.F.R. § 405.452(d)(10), for an intermediate care unit (IMCU) located in Carraway Methodist Medical Center. The district court, 582 F.Supp. 1337 (N.D.Ala.1984), reversed the decision of the Secretary that the IMCU did not qualify as a special care unit, finding that the Secretary's interpretation of 42 C.F...

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