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TALLAHASSEE MEM. REGIONAL MED. CENTER v. BOWEN

Nos. 85-3839, 85-5131.

815 F.2d 1435 (1987)

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, et al., Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant. BAPTIST HOSPITAL OF MIAMI, et al., Plaintiffs-Appellees/Cross-Appellants, v. Otis BOWEN, Secretary of Health & Human Services, Defendant-Appellant/Cross-Appellee. PARKWAY MEDICAL CENTER, Palm Beach Gardens Community Hospital, Clearwater Community Hospital, and Amisub of Florida, Plaintiffs-Appellees/Cross-Appellants, v. Otis BOWEN, etc., et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 5, 1987.

Attorney(s) appearing for the Case

W. Thomas Dillard, U.S. Atty., Tallahassee, Fla., for defendant-appellant in No. 85-3839.

Edgar C. Morrison, Jr., Office of Gen. Counsel, Dept. of HHS, Anthony J. Steinmeyer and Barbara C. Biddle, Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Leonard C. Homer, Ober, Kaler, Grimes & Shriver, Baltimore, Md., Tallahassee Memorial Regional Medical Center.

Leon B. Kellner, U.S. Atty., and Patricia D. Kenny, Asst. U.S. Atty., Miami, Fla., for defendants-appellants in No. 85-5131.

Michael J. Murphy, Gaebe & Murphy, Coral Gables, Fla., Robert A. Klein and John R. Hellow, Los Angeles, Cal., for Parkway Medical Center.

Margaret M. Manning, Ober, Kaler, Grimes & Shriver, Baltimore, Md., for Baptist Hosp. of Miami and Tallahassee Memorial Regional Medical Center.

Before CLARK, EDMONDSON and KEITH, Circuit Judges.

CLARK, Circuit Judge:

In this complex case, the plaintiff hospitals challenged the application of a 1979 regulation, promulgated by the defendant Secretary of Health and Human Services, regarding reimbursement under Medicare of medical malpractice insurance costs. The district courts below invalidated the 1979 rule, and awarded reimbursement under the pre-1979 regulation. During the briefing in the Secretary's appeal to this court, the Secretary promulgated a new...

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