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EAST ALABAMA MEDICAL CENTER v. SHALALA

Civil Action No. 95-01927 (CRR).

925 F.Supp. 27 (1996)

EAST ALABAMA MEDICAL CENTER, Plaintiff, v. Donna SHALALA, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

May 3, 1996.

Attorney(s) appearing for the Case

Nathalie F.P. Gilfoyle, Albert W. Shay, and Jana V.T. Baldwin, of McDermott, Will & Emery, Washington, DC, for Plaintiff.

Lorie Mayorga and Lawrence J. Harder, Health Care Financing Division, Office of the General Counsel, United States Department of Health and Human Services, Baltimore, MD; along with Eric H. Holder, Jr., United States Attorney, Washington, DC; and Harriet S. Rabb, General Counsel, Darrel J. Grinstead, Associate General Counsel, and Henry R. Goldberg, Deputy Associate General Counsel, Department of Health and Human Services, Baltimore, MD, for Defendant.

MEMORANDUM OPINION

CHARLES R. RICHEY, District Judge.

INTRODUCTION

Before the Court in the above-captioned case are the parties' cross-motions for summary judgment. The plaintiff, a hospital that participates in the Medicare program, challenges the validity of a final rule by the Secretary of the Department of Health and Human Services, 42 C.F.R. § 412.230(a)(5)(ii) (the "1995 Regulation").1 The 1995 Regulation...

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