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IN RE TIDEWATER MEMORIAL HOSP., INC.

Bankruptcy No. 88-1656-RT, Adv. No. 89-0114-RT.

106 B.R. 876 (1989)

In re TIDEWATER MEMORIAL HOSPITAL, INC., Debtor. TIDEWATER MEMORIAL HOSPITAL, INC., Plaintiff, v. Otis R. BOWEN, M.D., Secretary, U.S. Department of Health & Human Services, Defendant.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

September 5, 1989.

Attorney(s) appearing for the Case

Augustus C. Epps, Jr. and Eric E. Ballou, Christian, Barton, Epps, Brent & Chappell, Richmond, Va., for plaintiff.

S. David Schiller and Robert Jaspen, Asst. U.S. Attys., U.S. Attorney's Office, Richmond, Va., for defendant.

SUPPLEMENTAL MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Introduction

This matter came before the Court upon (1) the debtor-in-possession's (the "Hospital") complaint seeking a temporary and permanent injunction against the Department of Health and Human Services (the "Department") prohibiting the withholding of Medicare Program payments from the Hospital and from terminating the...

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