ARCHBISHOP BERGAN MERCY HOSP. v. HECKLER

No. CV 84-0-791.

614 F.Supp. 1271 (1985)

The ARCHBISHOP BERGAN MERCY HOSPITAL, Plaintiff, v. Margaret HECKLER, Secretary of Health and Human Services, et al., Defendants.

United States District Court, D. Nebraska.

On Motion for New Trial and Stay March 18, 1985.


Attorney(s) appearing for the Case

Lyman L. Larsen, Patricia A. Zieg, William T. Oakes, Kennedy, Holland, DeLacy & Svoboda, Omaha, Neb., for plaintiff.

Douglas Semisch, Asst. U.S. Atty., Omaha, Neb., and Paul P. Cacioppo, Regional Atty., Region VII, Dept. of Health & Human Services, Frances Reddis, Asst., Washington, D.C., for defendants.


MEMORANDUM OPINION

BEAM, District Judge.

This matter is before the Court on plaintiff's request for preliminary injunction (filing 1), defendants' motion to dismiss (filing 12) and plaintiff's motion for summary judgment (filing 19).

Plaintiff, the Archbishop Bergan Mercy Hospital, is a provider of hospital services under Part "A" of the Medicare Act. 42 U.S.C. §§ 1395 et seq. Defendant, Margaret Heckler, is Secretary of Health and...

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