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UNIVERSITY OF CINCINNATI v. SECRETARY OF HEALTH

No. 85-3651.

809 F.2d 307 (1987)

UNIVERSITY OF CINCINNATI, d/b/a University Hospital, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 15, 1987.

Attorney(s) appearing for the Case

Donetta D. Wiethe, Asst. U.S. Atty., Cincinnati, Ohio, Susanne M. Lee (argued) Office of the General Counsel, U.S. Dept. of Health & Human Service, Washington, D.C., for defendant-appellant.

Peter L. Cassady (argued), Cincinnati, Ohio, for plaintiff-appellee.

Before MERRITT and JONES, Circuit Judges, and THOMAS, Senior District Judge.

WILLIAM K. THOMAS, Senior District Judge.

The Board of Trustees of the University of Cincinnati operates University Hospital (Hospital). Hospital is a provider of services under the Medicare Act, 42 U.S.C. §§ 1395 et seq. The controversy between the Hospital and the Secretary involves the Provider Reimbursement Review Board's (Board or PRRB) denial of jurisdiction to hear an appeal of the Hospital relating to three annual cost reports filed by the...

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