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CREIGHTON OMAHA REG. HEALTH CARE CORP. v. BOWEN

Nos. 85-2160, 85-2161.

822 F.2d 785 (1987)

CREIGHTON OMAHA REGIONAL HEALTH CARE CORPORATION, a Nebraska nonprofit corporation, Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellant. CREIGHTON OMAHA REGIONAL HEALTH CARE CORPORATION, a Nebraska nonprofit corporation, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1987.

Attorney(s) appearing for the Case

Lyman L. Larsen, Omaha, Neb., for appellant.

Frances Reddis, Kansas City, Mo., for appellee.

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and HANSON, Senior District Judge.

BRIGHT, Senior Circuit Judge.

Creighton Omaha Regional Health Care Corporation, d/b/a St. Joseph's Hospital (Hospital), challenges the district court's1 decision reviewing the Secretary of Health and Human Services' determination regarding cost reimbursement under the Medicare Act. The district court upheld the Secretary's determination that the Hospital's Intermediate Care Unit does not meet the criteria for a "special care unit" for...

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