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APPLETON MEMORIAL HOSP. v. BOWEN

No. 86-1883.

814 F.2d 408 (1987)

APPLETON MEMORIAL HOSPITAL, et al., Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 10, 1987.

Rehearing and Rehearing Denied April 6, 1987.

Attorney(s) appearing for the Case

Joel W. Nomkin, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Daniel F. Miller, Purtel, Purtell, Wilmot & Burroughs, S.C., Milwaukee, Wis., for plaintiffs-appellees.

Before BAUER, Chief Judge, POSNER, Circuit Judge, and PELL, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 6, 1987.

BAUER, Chief Judge.

The defendant-appellant, Otis R. Bowen, Secretary of Health and Human Services ("Secretary"), appeals the order of the district court requiring that certain Medicare reimbursements be paid to the appellees, Appleton Memorial Hospital, et al. ("Hospitals"), in accordance with payment regulations in effect prior to the Secretary's unlawful modification of those rules in 1979. We reverse...

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