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CLINTON MEMORIAL HOSP. v. SHALALA

No. 92-5107.

10 F.3d 854 (1993)

CLINTON MEMORIAL HOSPITAL, Appellant v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1993.

Attorney(s) appearing for the Case

Kathleen Houston Drummy, Los Angeles, CA, argued the cause for appellant. With her on the briefs were Richard K. Simon, Tracy Green, Los Angeles, CA, and Amy Hancock, Washington, DC.

Kathleen M. Scully-Hayes, Counsel, U.S. Dept. of Health and Human Services, Washington, DC, argued the cause for appellee. With her on the brief were Stuart Schiffer, Acting Asst. Atty. Gen., and J. Ramsey Johnson, U.S. Atty., Washington, DC.

Before: EDWARDS, WILLIAMS, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Clinton Memorial Hospital, a rural public hospital certified as a provider of services in the federal Medicare program, challenges administrative regulations that prevent it from being treated as a "sole community hospital" under that program. The district court upheld the regulations. Clinton Memorial Hosp. v. Sullivan, 783 F.Supp. 1429

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