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HILLSBOROUGH COUNTY HOSPITAL AUTHORITY v. SHALALA

No. 94-2050.

49 F.3d 1516 (1995)

HILLSBOROUGH COUNTY HOSPITAL AUTHORITY, d/b/a Tampa General Hospital, et al., Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 19, 1995.

Attorney(s) appearing for the Case

Nancy A. Romfh, James M. McCann, Jr., Mershon Sawyer Johnston Dunwody & Cole, West Palm Beach, FL, for appellants.

Lana Smith Sensenig, HHS-Office of Gen. Counsel, Atlanta, GA, Warren A. Zimmerman, Asst. U.S. Atty., Tampa, FL, for appellee.

Before DUBINA, Circuit Judge, RONEY and ESCHBACH, Senior Circuit Judges.

PER CURIAM:

Plaintiffs, approximately 114 acute care hospitals ("the Hospitals") belonging to the Florida Hospital Association, appeal the district court's grant of summary judgment in favor of the Secretary of Health and Human Services ("the Secretary") denying the Hospitals' claim that they were entitled to an adjustment in their Medicare reimbursements based on the "extraordinary circumstances" exception of 42 U.S.C. ...

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