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WEST ALLIS MEMORIAL HOSP., INC. v. BOWEN

No. 87-1974.

852 F.2d 251 (1988)

WEST ALLIS MEMORIAL HOSPITAL, INC., a Wisconsin non-profit corporation, Plaintiff-Appellant, v. Otis BOWEN, in his capacity as Secretary of the United States Department of Health and Human Services, along with his successors, agents, servants, employees and attorneys; Edwin Meese, in his capacity as Attorney General of the United States, along with his successors, agents, servants, employees and attorneys; and St. Luke's Hospital, Inc., a Wisconsin non-profit corporation, along with its officers, agents, servants, employees and attorneys, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1988.

Attorney(s) appearing for the Case

Robert H. Friebert, Friebert, Finerty & St. John, S.C., Milwaukee, Wis., for plaintiff-appellant.

Kathy L. Nusslock, Cook & Franke, S.C., John J. Meyer, Asst. U.S. Atty. (Patrica J. Gorence, U.S. Atty.), Milwaukee, Wis., for defendants-appellees.

Before CUMMINGS and FLAUM, Circuit Judges, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

West Allis Memorial Hospital, Inc. ("West Allis") brought suit against St. Luke's Hospital, Inc. ("St. Luke's"), the Secretary of Health and Human Services, Otis Bowen, and the Attorney General of the United States, Edwin Meese (the "federal defendants"), challenging the applicability of the Medicare-Medicaid antifraud provisions of 42 U.S.C. § 1395nn(b)(2)(B) to a program instituted and advertised by St. Luke's and known as "Freedom...

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