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ST. MARY'S HOSP. v. BLUE CROSS & BLUE SHIELD ASS'N

No. 189, Docket 85-6049.

788 F.2d 888 (1986)

ST. MARY'S HOSPITAL OF TROY, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD ASSOCIATION/BLUE CROSS AND BLUE SHIELD OF GREATER NEW YORK, Fiscal Intermediary, and the Secretary of the Department of Health and Human Services, and Paul Morton Ganeles, Chairman, Richard A. Dudgean, and Barbara Sinnott as Members of the Provider Reimbursement Review Board, and the Provider Reimbursement Review Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 16, 1986.

Attorney(s) appearing for the Case

Michael J. Smith, Troy, N.Y. (Thomas V. Kenney, Jr., Troy, N.Y., of counsel), for plaintiff-appellant.

Elizabeth Dusaniwskyj, Asst. Regional Atty., Region II, Dept. of Health and Human Services (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Terry Coleman, Acting General Counsel, Region II, Dept. of Health and Human Services, of counsel), for defendants-appellees.

Before MESKILL, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

St. Mary's Hospital of Troy appeals from a grant of summary judgment by Judge Miner disallowing federal reimbursement under the Medicare program of approximately $30,600 for interest on loans made by the Hospital's funded depreciation account to its general operating account. We affirm.

The account in question was funded by monthly deposits and was supposed to provide funds to replace worn out or obsolete facilities in the future. During...

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