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GEORGETOWN UNIVERSITY HOSP. v. BOWEN

Nos. 88-5026, 88-5040.

862 F.2d 323 (1988)

GEORGETOWN UNIVERSITY HOSPITAL, et al. v. Otis R. BOWEN, Secretary of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 1988.

Attorney(s) appearing for the Case

Alfred Mollin, Attorney, Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Anthony J. Steinmeyer, Attorney, Dept. of Justice, and Gerard Keating, Attorney, Health and Human Services, Washington, D.C., were on the brief, for appellant.

Ronald N. Sutter, Washington, D.C., for appellees.

Before WALD, Chief Judge, and MIKVA and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

Concurring opinion filed by Circuit Judge MIKVA.

WALD, Chief Judge:

Appellees are twelve not-for-profit hospitals that successfully challenged the application of various regulations under the Medicare reimbursement scheme. The Secretary of the Department of Health and Human Services ("Secretary") agreed to make retrospective payments for years prior to 1983, the year in which Congress enacted a four...

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