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UNIVERSITY HEALTH SERVICES, INC. v. H & H SERV.

No. 95-9493.

120 F.3d 1145 (1997)

UNIVERSITY HEALTH SERVICES, INC., Plaintiff-Appellee, v. HEALTH & HUMAN SERVICES, Donna Shalala, in her official capacity as Secretary, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 28, 1997.

Attorney(s) appearing for the Case

Barbara Biddle, Civil Div. Appellate Staff, United States Department of Justice, Katherine S. Gruenheck, Washington, DC, for Defendant-Appellant.

Robert Perry Sentell, III, Wyck A. Knox, Jr., Kilpatrick & Cody, Augusta, GA.

Before BIRCH, BLACK and CARNES, Circuit Judges.

BIRCH, Circuit Judge:

This appeal requires that we examine regulations and interpretive guidelines promulgated pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395-1395cc ("the Medicare Act"). The Secretary of Health and Human Services ("Secretary") appeals the judgment of the district court in favor of University Health Services ("University"). University sought review in the district court of the Secretary's decision to disallow a portion...

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