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ATHENS COMMUNITY HOSP., INC. v. SHALALA

No. 92-5445.

21 F.3d 1176 (1994)

ATHENS COMMUNITY HOSPITAL, INC., dba Athens Community Hospital; AMISUB of North Carolina, dba Central Carolina Hospital, and Hospital Corporation of Smith and Overton County, dba Livingston Regional Hospital, Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1994.

Attorney(s) appearing for the Case

Byron J. Gross, Los Angeles, CA, argued the cause for appellants. With him on the briefs, were John R. Hellow, Los Angeles, CA, and W. David Allen, Washington, DC.

Patricia H. Wirth, Los Angeles, CA, and David T. Smorodin, Washington, DC, entered an appearance.

John Schumann, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for appellee. With him on the brief, were Eric H. Holder, Jr., U.S. Atty., and Anthony J. Steinmeyer, Atty., U.S. Dept. of Justice, Washington, DC. David V. Perry, Atty., U.S. Dept. of Health and Human Services, Washington, DC, entered an appearance.

Before BUCKLEY, WILLIAMS, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Three rural hospitals appeal from a decision of the district court rejecting their challenge to certain Medicare regulations promulgated by the Secretary of Health and Human Services. See Athens Community Hospital, Inc. v. Sullivan, 815 F.Supp. 1 (D.D.C.1992). The regulations in question determine whether a hospital is entitled to be...

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