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FORSYTH COUNTY HOSP. AUTHORITY, INC. v. BOWEN

No. 88-1529.

856 F.2d 668 (1988)

FORSYTH COUNTY HOSPITAL AUTHORITY, INC. d/b/a Forsyth Memorial Hospital, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1988.

Attorney(s) appearing for the Case

Anthony H. Brett, Winston-Salem, N.C., Jeanne Schulte Scott, Washington, D.C., (Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for plaintiff-appellant.

Gary Allen Ratner, Asst. Regional Counsel, Atlanta, Ga., (Kenneth W. McAllister, U.S. Atty., Greensboro, N.C., Harry L. Hobgood, Asst. U.S. Atty., Durham, N.C., Bruce R. Granger, Chief Counsel, U.S. Dept. of Health and Human Services, Washington, D.C., on brief), for defendant-appellee.

Before WINTER, Chief Judge, and SPROUSE and CHAPMAN, Circuit Judges.

PER CURIAM:

Plaintiff, a Medicare provider, seeks reimbursement for interest expense incurred by it which had been disallowed by the Administrator of the Health Care Financing Administration (HCFA) in the same amount as the interest earned by the provider's related foundation from investing the proceeds of sale of a patient care asset given by the provider to the foundation. The district court affirmed the disallowances by the Administrator and plaintiff-provider...

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