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  5. 806 F.2d 1185 (1986)
 

MONSOUR MEDICAL CENTER v. HECKLER

Nos. 86-3168, 86-3191.

806 F.2d 1185 (1986)

MONSOUR MEDICAL CENTER, a non-profit organization, Appellant/Cross-Appellee, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, and Carolyne K. Davis, Administrator, Health Care Financing Administration, Appellees/Cross-Appellants. Appeal of MONSOUR MEDICAL CENTER.

United States Court of Appeals, Third Circuit.

Decided December 5, 1986.

As Amended December 18, 1986.

Rehearing and Rehearing Denied January 6, 1987.

Attorney(s) appearing for the Case

Robert O. Lampl, Pittsburgh, Pa., R. Stan Mortenson, David O. Stewart (argued), Miller, Cassidy, Larroca and Lewin, Washington, D.C., for appellant/cross-appellee.

J. Alan Johnson, Albert W. Schollaert, U.S. Atty's Office, W.D.Pa., Pittsburgh, Pa., Beverly Dennis, III, James C. Newman, James S. Feight, Jr. (argued), DHHS-OGC III, Philadelphia, Pa., for appellees/cross-appellants.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and GARTH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 6, 1987.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

These two appeals consider the proper treatment under the Medicare Act of interest and depreciation costs incurred by a health care provider in converting from for-profit to non-profit legal status, in providing hospital food services, and in operating a hospital snack bar. The district court, in an unpublished opinion,

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