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WEST VIRGINIA UNIVERSITY HOSPITALS, INC. v. CASEY

No. 89-5165.

885 F.2d 11 (1989)

WEST VIRGINIA UNIVERSITY HOSPITALS, INC. v. Robert CASEY, Governor, Commonwealth of Pennsylvania; John White, Secretary, Department of Public Welfare; David S. Feinberg, Director, Office of Medical Assistance; the Department of Public Welfare, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 5, 1989.

Rehearing and Rehearing Denied October 5, 1989.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Jerome T. Foerster, Deputy Atty. Gen. (argued), Calvin R. Koons, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of Atty. Gen., Litigation Section, Harrisburg, Pa., for appellants.

Robert T. Adams (argued), Julia Krebs-Markrich, Thomas J. Stallings, McGuire, Woods, Battle & Boothe, Richmond, Va., Jack M. Stover, Shearer, Mette, Evans & Woodside, Harrisburg, Pa., for appellees.

Before BECKER, STAPLETON, and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 5, 1989.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This interesting and complex appeal arises from the cross-fire currently trapping many hospitals across our nation between rising operating costs, on the one hand, and federal legislation aimed at the sharp containment of health delivery costs, on the other. The plaintiff, West Virginia University Hospitals, Inc. (WVUH or the Hospital), brought this...

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