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PLEASANT VALLEY HOSP., INC. v. SHALALA

No. 93-2638.

32 F.3d 67 (1994)

PLEASANT VALLEY HOSPITAL, INCORPORATED, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee, William Toby, Acting Administrator Health Care Financing Administration; Blue Cross & Blue Shield of Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1994.

Attorney(s) appearing for the Case

ARGUED: David William Thomas, Nash & Co., Pittsburgh, PA, for appellant. Jan Malia Lundelius, Asst. Regional Counsel, Office of the General Counsel, Dept. of Health & Human Services, Philadelphia, PA, for appellees. ON BRIEF: Stephen P. Nash, Melinda J. Roberts, Nash & Co., Pittsburgh, PA, for appellant. Charlotte Hardnett, Chief Counsel, Region III, Office of the General Counsel, Dept. of Health & Human Services, Philadelphia, PA; Rebecca Betts, U.S. Atty., Carol Casto, Asst. U.S. Atty., Charleston, WV, for appellees.

Before ERVIN, Chief Judge, WILKINSON, Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge ELLIS wrote the opinion, in which Chief Judge ERVIN and Judge WILKINSON joined.

OPINION

ELLIS, District Judge, sitting by designation:

This is a Medicare reimbursement dispute. Plaintiff Pleasant Valley Hospital, Inc. ("Pleasant Valley") appeals the Secretary of Health and Human Services's (the "Secretary") decision mandating that Pleasant Valley's reimbursable interest expense be offset by the investment income...

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