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MIAMI HEART INSTITUTE v. SULLIVAN

No. 87-6107.

868 F.2d 410 (1989)

MIAMI HEART INSTITUTE, Plaintiff-Appellee, v. Louis W. SULLIVAN, as Secretary of Health & Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 23, 1989.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Wendy A. Jacobus, Asst. U.S. Atty., Gary A. Ratner, U.S. Dept. of Health & Human Services, Office of Gen. Counsel, Dana J. Petti, Atlanta, Ga., for defendant-appellant.

Michael W. Ford, Miami, Fla., for plaintiff-appellee.

Before TJOFLAT and FAY, Circuit Judges, and SHARP, District Judge.

TJOFLAT, Circuit Judge:

I.

The Miami Heart Institute is a research and medical center in Miami Beach, Florida. Sometime prior to 1981, the Institute decided to reconfigure its campus by replacing one of its older buildings — the fifty-three-year-old Mastronardi Pavilion — with a highrise tower, and three of its newer buildings with a parking garage. The project was completed in 1984. This dispute concerns the "useful life" to be assigned to...

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