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ST. FRANCIS MEDICAL CENTER v. SULLIVAN

Nos. 91-3406, 91-3429.

962 F.2d 1110 (1992)

ST. FRANCIS MEDICAL CENTER v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, and Louis B. Hayes, Acting Administrator, Health Care Financing Administration, and Elise D. Smith, Chairman Provider Reimbursement Review Board, United States of America, Appellant in No. 91-3406, Louis W. Sullivan, M.D., Secretary of the Department of Health and Human Services, and Louis B. Hayes, Acting Administrator, Health Care Financing Administration, and Elise D. Smith, Chairman Provider Reimbursement Review Board, Appellants in No. 91-3429.

United States Court of Appeals, Third Circuit.

Decided April 24, 1992.

Attorney(s) appearing for the Case

Stuart Gerson, Asst. Atty. Gen., Thomas W. Corbett, Jr., U.S. Atty., Bonnie R. Schluetter, Asst. U.S. Atty., Pittsburgh, Pa., Barbara H. Fisher (argued), Office of the Gen. Counsel, Baltimore, Md., and John P. Schnitker and Barbara C. Biddle, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., for appellants.

Stephen P. Nash (argued) and Domenic A. Bellisario, Nash & Co., Pittsburgh, Pa., for appellees.

Before: SCIRICA, ALITO, and SEITZ Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal by the Secretary of the Department of Health and Human Services, et al. from an order of the district court. That order overturned the Provider Reimbursement Review Board's ("Board") refusal on jurisdictional grounds to grant the request of the plaintiff, St. Francis Medical Center ("Medical Center"), for a hearing. The dispute arises over reimbursement allegedly due from the Secretary to a provider...

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