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COMMUNITY HOSP. v. SULLIVAN

No. 92-1065.

986 F.2d 357 (1993)

COMMUNITY HOSPITAL, Plaintiff-Appellee, v. Louis W. SULLIVAN, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 30, 1993.

Attorney(s) appearing for the Case

Steve Frank (Stuart M. Gerson, Asst. Atty. Gen., Michael J. Norton, U.S. Atty., and Anthony J. Steinmeyer with him on the brief), Appellate Staff Civ. Div., Dept. of Justice, Washington, DC, for defendant-appellant.

Carel T. Hedlund (Venel D. Brown with her on the brief) of Ober, Kaler, Grimes & Shriver, Baltimore, MD, for plaintiff-appellee.

Before KELLY, Circuit Judge, BARRETT, Senior Circuit Judge, and OWEN, District Judge.

BARRETT, Senior Circuit Judge.

The United States Government (Government), on behalf of Louis W. Sullivan, Secretary of Health and Human Services (Secretary), appeals a district court order reversing the Secretary's refusal to designate Community Hospital (Community) as a sole community hospital (SCH) under the Medicare reimbursement system and directing the Secretary to classify Community as such.

Statutory and Regulatory Background

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