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HENNEPIN COUNTY v. SULLIVAN

Nos. 88-5255 and 88-5256.

883 F.2d 85 (1989)

HENNEPIN COUNTY, a Body Politic Organized Under the Laws of the State of Minnesota, et al., Appellants v. Dr. Louis W. SULLIVAN, in his Official Capacity as Secretary of the United States Department of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1989.

Attorney(s) appearing for the Case

James M. Gaynor, Jr., Chicago, Ill., with whom H. Guy Collier and Amy E. Hancock, Washington, D.C., were on the brief, for appellants in No. 88-5255 and for appellees in No. 88-5256.

Gerard Keating, Atty., Dept. of Health and Human Services, with whom Stuart I. Silverman, Atty., Dept. of Health and Human Services, Henry R. Goldberg, Deputy Associate Gen. Counsel for Litigation, Dept. of Health and Human Services, Craig R. Lawrence, Asst. U.S. Atty., Jay B. Stephens, U.S. Atty., Malcolm M.R. Sterrett, Gen. Counsel, and Darrel J. Grinstead, Acting Associate Gen. Counsel, Dept. of Health and Human Services, Health Care Financing Div., Washington, D.C., were on the brief, for appellee/cross-appellant in Nos. 88-5255 and 88-5256.

Anthony J. Steinmayer and Mark W. Pennak, Attys., Dept. of Justice, Washington, D.C., also entered appearances for appellee in No. 88-5255 and for appellant in No. 88-5256.

Before ROBINSON, EDWARDS and SILBERMAN, Circuit Judges.

HARRY T. EDWARDS, Circuit Judge:

This case presents cross-appeals from a District Court decision denying Hennepin County and Hennepin County Medical Center (collectively `HCMC') immediate reimbursement under the Medicare statute, Title XVIII of the Social Security Act, 42 U.S.C. section 1395 et seq. (1982 & Supp. V 1987), but remanding the case to the Secretary of Health and Human Services1 (`HHS') for further proceedings. In Count...

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