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MERCY COMMUNITY HOSP. v. HECKLER

No. 85-3133.

781 F.2d 1552 (1986)

MERCY COMMUNITY HOSPITAL, Plaintiff-Appellant, v. Margaret HECKLER, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 14, 1986.

Attorney(s) appearing for the Case

Robert E. Mazer, Baltimore, Md., for plaintiff-appellant.

Vicki L. Shulkin, Dept. of Health and Human Services, Washington, D.C., for defendant-appellee.

Before HILL and FAY, Circuit Judges, and TUTTLE, Senior Circuit Judge.

HILL, Circuit Judge:

This case involves the recapture by the defendant/appellee Secretary of Health and Human Services ("the Secretary") of certain depreciation payments made to plaintiff/appellant Mercy Community Hospital ("the Hospital"), a Medicare provider, under the Medicare Act. Those payments were originally made to the Hospital over a period of twelve years to compensate the Hospital for the consumption of its assets caused by the provision of health care...

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