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MONONGAHELA VALLEY HOSP., INC. v. SULLIVAN

Nos. 90-3207, 90-3247.

945 F.2d 576 (1991)

MONONGAHELA VALLEY HOSPITAL, INC. v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Monongahela Valley Hospital, Inc., Appellant in 90-3247, Louis W. Sullivan, M.D., Secretary, Appellant in 90-3207.

United States Court of Appeals, Third Circuit.

Decided September 20, 1991.

Attorney(s) appearing for the Case

Mary Drake Korsmeyer (argued), Peacock, Keller, Yohe, Day & Ecker, Washington, Pa., for Monongahela Valley Hospital, Appellant in 90-3247.

Stuart M. Gerson, Asst. Atty. Gen., Thomas W. Corbett, Jr., U.S. Atty., Anthony J. Steinmeyer, John C. Hoyle (argued), Appellate Staff Civil Div., Dept. of Justice, Washington, D.C., for Louis W. Sullivan, M.D., Secretary, Appellant in 90-3207.

Before BECKER, NYGAARD and ALITO, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

These consolidated cross-appeals by plaintiff Monongahela Valley Hospital ("Monongahela") and defendant Louis W. Sullivan, Secretary of Health and Human Services ("HHS"), concern the Secretary's interpretation of the former HHS regulations under which hospitals were reimbursed for services provided to Medicare beneficiaries on the basis of actual, reasonable costs incurred.1 See...

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