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ST. ELIZABETH HOSP., INC. v. BOWEN

Nos. 85-1531, 85-1697.

797 F.2d 449 (1986)

ST. ELIZABETH HOSPITAL, INC., a Wisconsin non-profit corporation, Plaintiff-Appellee, Cross-Appellant, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 28, 1986.

Attorney(s) appearing for the Case

Algenon Marbley, Asst. Regional Atty., Chicago, Ill., Joseph P. Stadtmueller, U.S. Atty., Milwaukee, Wis., for defendant-appellant, cross-appellee.

Robert A. Wilmot, Purtell, Purcell, Wilmot & Burroughs, Milwaukee, Wis., for plaintiff-appellee, cross-appellant.

Before CUDAHY and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

These two appeals involve regulations governing the reimbursement of hospitals for the cost of providing health care to Medicare beneficiaries. The Secretary of Health and Human Services (the "Secretary") appeals the district court's reversal of his determination that the "concentrated care unit" at St. Elizabeth Hospital ("St. Elizabeth's") is not entitled to reimbursement as a "special care hospital inpatient unit." St. Elizabeth's appeals...

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