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NATIONAL MEDICAL ENTERPRISES, INC. v. SULLIVAN

No. 89-55859.

916 F.2d 542 (1990)

NATIONAL MEDICAL ENTERPRISES, INC., Doing Business Through Various Wholly-Owned Hospital Subsidiaries, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 10, 1990.

Attorney(s) appearing for the Case

Anthony J. Steinmeyer, Dept. of Justice, Civ. Div., Washington, D.C., for defendant-appellant.

Patric Hooper, Hooper, Lundy & Bookman, Inc., Los Angeles, Cal., for plaintiff-appellee.

Before NELSON, NORRIS and O'SCANNLAIN, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

This case involves the claims of eighteen hospitals ("Providers") seeking Medicare reimbursement for stock maintenance costs incurred by their corporate owner, National Medical Enterprises ("NME"), during the fiscal years 1974 to 1979. The costs in dispute include stock transfer agent fees, stock and exchange registration fees and costs attributable to SEC filings, stockholder meetings, annual reports to stockholders, and institutional...

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