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UNIVERSITY OF MICHIGAN HOSP. v. BOWEN

No. 85-1816.

812 F.2d 1005 (1987)

UNIVERSITY OF MICHIGAN HOSPITAL; Borgess Medical Center; Clinton Memorial Hospital; Cottage Hospital of Grosse Pointe; Detroit Macomb Hospital Corp., Detroit Memorial Hospital; Detroit Macomb Hospital Corp., South Macomb Hospital; Edward W. Sparrow Hospital; Flint Osteopathic Hospital; Holland Community Hospital; Lansing General Hospital Osteopathic; Lapeer County General Hospital; McClaren General Hospital; Metropolitan Hospital; Midland Hospital Association; Munson Medical Center; Muskegon General Hospital; Oakwood Hospital; Providence Hospital; Reed City Hospital; St. Francis Hospital; St. Joseph Hospital; Sinai Hospital of Detroit; W.A. Foote Memorial Hospital; and William Beaumont Hospital, Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services; Provider and Reimbursement Review Board, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 26, 1987.

Attorney(s) appearing for the Case

Karl Overman, Asst. Atty. Gen., Detroit, Mich., Deborah M. Chaskes, Dept. of H.H.S., Washington, D.C., Mary Ursula Salhus (argued), for defendants-appellants.

Kenneth R. Marcus, William G. Christopher (argued), Detroit, Mich., Chris E. Rossman, for plaintiffs-appellees.

Before KEITH and GUY, Circuit Judges, and EDGAR, District Judge.

KEITH, Circuit Judge.

Appellant, Secretary of Health and Human Services ("Secretary"), appeals the decision of the United States District Court, Eastern District of Michigan, requiring the Secretary to reimburse appellees, a group of Michigan hospitals ("hospitals"), for costs associated with the Medicare reimbursement program. The hospitals, provider's of Medicare services, brought this action challenging a decision of the Secretary that labor/delivery room days...

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