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WHITECLIFF, INC. v. SHALALA

No. 92-5341.

20 F.3d 488 (1994)

WHITECLIFF, INC., Appellant, v. Donna E. SHALALA, in her Official Capacity as Secretary of the U.S. Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 1994.

Attorney(s) appearing for the Case

Robert E. Mazer, Baltimore, MD, argued the cause for appellant. With him on the brief was Leonard C. Homer, Baltimore, MD, Deborah M. Mulligan, Washington, DC, and Charles M. English, Washington, DC, entered appearances.

Kathleen M. Scully-Hayes, Attorney, U.S. Dept. of Health and Human Services, Washington, DC, argued the cause for appellee. With her on the brief was Eric H. Holder, Jr., U.S. Atty., Washington, DC. Robert L. Roth, Attorney, U.S. Dept. of Health and Human Services, Washington, DC, entered an appearance.

Before: SILBERMAN, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellant, an operator of a skilled nursing facility, challenges the Secretary's regulations interpreting the Medicare statute as they relate to depreciation. We agree with appellant and reverse the district court with instructions to remand to the agency.

I.

In return for providing covered services to Medicare beneficiaries...

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