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ST. MARYS HOSP. MEDICAL CENTER v. HECKLER

No. 84-1443.

753 F.2d 1362 (1985)

ST. MARYS HOSPITAL MEDICAL CENTER, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 1985.

Rehearing and Rehearing Denied March 1, 1985.

Attorney(s) appearing for the Case

Robert E. Mazer, Ober, Kaler, Grimes & Shriver, Baltimore, Md., for plaintiff-appellee.

Barbara Altman, Asst. Regional Atty., Dept. of Health & Human Services, Chicago, Ill., for defendant-appellant.

Before CUMMINGS, Chief Judge, ESCHBACH, Circuit Judge, and SWYGERT, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 1, 1985.

CUMMINGS, Chief Judge.

This appeal arises from the challenge by St. Marys Hospital Medical Center ("St. Marys") to the Secretary of Health and Human Services' (the "Secretary") method of calculating St. Marys' apportionment of laboratory costs between Medicare and non-Medicare patients under Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. ("Medicare"). The district court found...

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