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COUNTY OF LOS ANGELES v. SULLIVAN

No. 90-55253.

969 F.2d 735 (1992)

COUNTY OF LOS ANGELES, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 20, 1991.

Resubmitted June 22, 1992.

Decided June 29, 1992.

Attorney(s) appearing for the Case

Margaret M. Manning, Weissburg & Aronson, Los Angeles, Cal., for plaintiff-appellant.

Barbara Helen Fisher, Baltimore, Md., for defendant-appellee.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

TANG, Circuit Judge:

The County of Los Angeles ("County") challenges the validity of a rule promulgated by the Secretary of Health and Human Services ("Secretary") that limited the amount of reimbursement received by three of the County's hospitals for treating Medicare patients for the fiscal years 1974 through 1980. The County contends that the rule (1) conflicts with the Secretary's statutory mandate to provide the three hospitals with the "reasonable costs" of...

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