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DELAWARE COUNTY MEMORIAL HOSP. v. BOWEN

No. 88-1665.

871 F.2d 10 (1989)

DELAWARE COUNTY MEMORIAL HOSPITAL, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided January 25, 1989.

Attorney(s) appearing for the Case

W. Thomas Berriman, Mark C. Morrow, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant.

Donna Z. Eden, Office of General Counsel, Dept. of Health & Human Services, Baltimore, Md., for appellee.

Before GIBBONS, Chief Judge, and SEITZ and GREENBERG, Circuit Judges.

Submitted Under Third Circuit Rule 12(6), January 23, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Delaware County Memorial Hospital appeals from a summary judgment in favor of the Secretary of Health and Human Services in its suit seeking to set aside the Secretary's determination that the Hospital would not be reimbursed on a cost basis for services to patients in the Hospital's rehabilitation unit during the fiscal years ending June 30, 1985...

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