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MEMORIAL HOSP./ADAIR CTY. HEALTH CENTER v. BOWEN

Nos. 86-5572, 86-5573.

829 F.2d 111 (1987)

MEMORIAL HOSPITAL/ADAIR COUNTY HEALTH CENTER, INC., Appellant v. Otis R. BOWEN, M.D., Secretary of Health & Human Services, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 1987.

Attorney(s) appearing for the Case

Patric Hooper, Los Angeles, Cal., with whom Robert A. Klein, Washington, D.C., was on the brief, for appellant.

Edgar C. Morrison, Jr., Atty., Health & Human Services, with whom Richard K. Willard, Asst. Atty. Gen., and Joseph E. diGenova, U.S. Atty., Washington, D.C., were on the brief, for appellees. Henry R. Goldberg, Atty., Health & Human Services, Baltimore, Md., also entered an appearance for appellees.

Before SILBERMAN, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

BUCKLEY, Circuit Judge:

The Secretary of Health and Human Services issued two decisions denying a rural hospital in Oklahoma full reimbursement for pharmacy services rendered to Medicare patients in 1979 and 1980. The Secretary's decisions are based on findings of Medicare's Provider Reimbursement Review Board which found Memorial's pharmacy costs to be unreasonable. The hospital, Memorial Hospital/Adair County Medical Center, disagreed with the Board's conclusions...

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