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TOLEDO HOSP. v. SHALALA

No. 95-3858.

104 F.3d 791 (1997)

The TOLEDO HOSPITAL, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 13, 1997.

Rehearing and Suggestion for Rehearing Denied March 27, 1997.

Attorney(s) appearing for the Case

Ronald N. Sutter (argued and briefed), Powers, Pyles, Sutter & Verville, Washington, DC, for Plaintiff-Appellant.

Neil H. Koslowe (argued and briefed), Office of the Attorney General, Civil Division, Washington, DC, for Defendant-Appellee.

Before: BOGGS and NORRIS, Circuit Judges; HOOD, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 27, 1997.

ALAN E. NORRIS, Circuit Judge.

At issue in this case is the validity of the Medicare reaudit regulation, 42 C.F.R. §§ 413.86(e)(1)(ii)-(iii). For the following reasons, we conclude that the reaudit regulation is invalid under the guidelines set out by the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837

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