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FORSYTH COUNTY HOSP. AUTHORITY, INC. v. BOWEN

No. C-87-132-WS.

675 F.Supp. 1002 (1987)

FORSYTH COUNTY HOSPITAL AUTHORITY, INC. d/b/a Forsyth Memorial Hospital v. Otis R. BOWEN, M.D., Secretary of the Department of Health and Human Services.

United States District Court, M.D. North Carolina, Winston-Salem Division.

December 11, 1987.

Attorney(s) appearing for the Case

Anthony H. Brett, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., Stephen M. Schuster, Jr., Samuelson, Portnow, Little & Schuster, P.C., Reston, Va., for plaintiff.

Robert H. Edmunds, Jr., U.S. Atty., and Harry L. Hobgood, Asst. U.S. Atty., Greensboro, N.C., and Gary A. Ratner, Asst. Regional Counsel, Dept. of HHS, Atlanta, Ga., for defendant.

MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, Chief Judge.

This matter comes before the Court on Plaintiff's Motion for Summary Judgment (September 10, 1987) and on Defendant's Cross-Motion for Summary Judgment (November 10, 1987), both pursuant to Rule 56 of the Federal Rules of Civil Procedure. The case involves a challenge to the decision of the Secretary to offset investment income accruing to a "related organization" under 42 C.F.R. § 405.427 (1982...

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