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SOUTH HILLS HEALTH SYSTEM v. BOWEN

No. 87-3551.

864 F.2d 1084 (1988)

SOUTH HILLS HEALTH SYSTEM, A Pennsylvania Hospital Corp. and the Robert Packer Hospital (Guthrie Medical Center), Loch Haven Hospital, Evangelical Community Hospital, Centre Community Hospital, Wilkes Barre General Hospital, and Dubois Regional Medical Center, Intervening Plaintiffs, Appellants v. Otis BOWEN, Secretary of Health and Human Services, and Blue Cross of Western PA.

United States Court of Appeals, Third Circuit.

Decided December 30, 1988.

Attorney(s) appearing for the Case

Roland Morris (argued), Jane Dalton Elliott, Duane, Morris & Heckscher, Philadelphia, Pa., for appellants.

Timothy M. White (argued), Office of the General Counsel, Dept. of Health and Human Services, Washington, D.C., for appellees.

Before HIGGINBOTHAM and BECKER, Circuit Judges, and HUYETT, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case presents the question of whether the district court improperly refused to enjoin the Secretary of the Department of Health and Human Services ("HHS") from releasing certain Medicare related hospital cost reports to persons requesting them under the Freedom of Information Act, 5 U.S.C. § 552 (1983) ("FOIA"). Appellants are eight hospitals located in Pennsylvania, required by law...

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