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BILOXI REGIONAL MEDICAL CENTER v. BOWEN

No. 86-5615.

835 F.2d 345 (1987)

BILOXI REGIONAL MEDICAL CENTER, Appellant, v. Otis R. BOWEN, Secretary, Dept. of H.H.S.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 1987.

Attorney(s) appearing for the Case

Ronald N. Sutter, Washington, D.C., for appellant.

Thomas K. Stuber, Atty., Dept. of Health and Human Services, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice and Joseph E. diGenova, U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before EDWARDS, STARR and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

This case arises under the Medicare reimbursement provisions of Title XVIII of the Social Security Act ("the Act"), 42 U.S.C. § 1395 et seq. (1982), and implementing regulations promulgated by the Secretary of Health and Human Services ("the Secretary"). Under the Act and regulations, hospitals and other health care facilities that provide covered health care...

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