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MARSHALL COUNTY HEALTH CARE AUTHORITY v. SHALALA

No. 92-5001.

988 F.2d 1221 (1993)

MARSHALL COUNTY HEALTH CARE AUTHORITY, et al., Appellants, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1993.

(As Amended March 19, 1993.)

Attorney(s) appearing for the Case

N. Kent Smith, with whom L. Richard Gohman, Indianapolis, IN, was on the brief, for appellants.

Edward T. Swaine, Attorney, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Anthony J. Steinmeyer, Attorney, Dept. of Justice, Washington, DC, were on the brief, for appellee.

Before: MIKVA, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge SILBERMAN.

Dissenting opinion filed by Chief Judge MIKVA.

SILBERMAN, Circuit Judge:

The Secretary of Health and Human Services denied appellant hospitals' claims for reimbursement under the Medicare program, and they sought review of the Secretary's decision in the district court. Appellants claimed that in limiting them to the lower reimbursement rates allowed to rural hospitals, the Secretary ignored appellants...

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