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UNIVERSITY OF CINCINNATI v. BOWEN

No. 88-3487.

875 F.2d 1207 (1989)

UNIVERSITY OF CINCINNATI, d/b/a University Hospital, Plaintiff-Appellant, v. Otis BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 25, 1989.

Attorney(s) appearing for the Case

Peter L. Cassady (argued), Cincinnati, Ohio, for plaintiff-appellant.

Donette D. Wiethe, Asst. U.S. Atty., Office of the U.S. Atty., Cincinnati, Ohio, Thomas Lewis Nelson, Office of the Gen. Counsel, Dept. of HHS, Stuart Silverman (argued), Washington, D.C., for defendant-appellee.

Before KENNEDY and JONES, Circuit Judges; and SILER, Chief District Judge.

KENNEDY, Circuit Judge.

Plaintiff-appellant University Hospital (Hospital) appeals the District Court's grant of summary judgment to the Secretary of Health and Human Services (Secretary) in this Medicare reimbursement action. The Secretary disallowed the Hospital's costs for the payment of stipends and related overhead for the time residents spent working at two of its outpatient clinics as a required part of their approved residency programs. Plaintiff argues that...

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