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LEILA HOSP. AND HEALTH CENTER v. BOWEN

No. 87-1202.

873 F.2d 132 (1989)

LEILA HOSPITAL AND HEALTH CENTER, A DIVISION OF SISTERS OF MERCY HEALTH CORPORATION, a Michigan nonprofit corporation, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 28, 1989.

Attorney(s) appearing for the Case

Kenneth R. Marcus, Honigman, Miller, Schwartz and Cohn, Chris Rossman, William G. Christopher, Richard S. Glassman, James K. Robinson (argued), Detroit, Mich., for Leila Hosp. and Health Center, etc.

Anne Vandermale Tuuk, Asst. U.S. Atty., Grand Rapids, Mich., Gerard Keating (argued), Office of Gen. Counsel, HHS, Washington, D.C., for Bowen.

Before KENNEDY and RYAN, Circuit Judges; and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

Plaintiff Leila Hospital and Health Center ("Leila") appeals the district court's grant of summary judgment for the Secretary of Health and Human Services in this action challenging the Secretary's retroactive promulgation of a wage cost-limit rule for reimbursements under the Medicare program. 661 F.Supp. 397. In light of the Supreme Court's decision in Bowen v. Georgetown University Hospital, ___...

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