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MEDICAL CENTER HOSP. v. BOWEN

No. 86-3662.

839 F.2d 1504 (1988)

MEDICAL CENTER HOSPITAL, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health & Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 17, 1988.

Attorney(s) appearing for the Case

Peter Loewenberg, Asst. U.S. Atty., Tampa, Fla., Robert L. Bergstrom, Dept. of HHS, Office of the General Counsel, Baltimore, Md., Anthony J. Steinmeyer, Jay S. Bybee, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, D.C., for defendant-appellant.

Leonard C. Homer, Carel T. Hedlund, Ober, Kaler, Grimes & Shriver, Baltimore, Md., for plaintiff-appellee.

Before TJOFLAT and ANDERSON, Circuit Judges, and MOORE, District Judge.

TJOFLAT, Circuit Judge:

In this case, a hospital participating in the Medicare program seeks review of its reimbursement claim for the fiscal year ending June 30, 1982. The hospital's claim had been denied to the extent it exceeded cost limits established by the Department of Health and Human Services (HHS). In the district court, the hospital argued that the cost limits had been applied on a conclusive basis in violation of 42 U.S.C. § 1395x(v)(1)(A)(ii) (1982...

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