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RUTLAND REGIONAL MEDICAL CENTER v. SULLIVAN

Civ. No. 91-177.

835 F.Supp. 754 (1993)

RUTLAND REGIONAL MEDICAL CENTER, Plaintiff, v. Louis SULLIVAN, M.D., as Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, D. Vermont.

March 2, 1993.

Attorney(s) appearing for the Case

Thomas M. Dowling, Ryan, Smith and Carbine, Ltd., Rutland, VT and Mitchell H. Kaplan, and Michael G. Jones, Choate, Hall and Stewart, Boston, MA, for plaintiff.

Christopher B. Baril, Asst. U.S. Atty., D. Vt., Rutland, VT and Melissa A.D. Ranaldo, Asst. U.S. Atty., D. Vt., Burlington, VT, for defendant.

ORDER

BILLINGS, District Judge.

On January 15, 1993, Magistrate Judge Jerome J. Niedermeier issued a Report and Recommendation. On January 28, 1993, plaintiff Rutland Regional Medical Center ("Rutland") filed objections to the Report. Defendant Louis W. Sullivan, M.D. ("Secretary") responded on February 4, 1993.

After de novo review of the matter and in light of the decision in Albert Einstein Medical Center v. Sullivan,

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