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ANAHEIM MEMORIAL HOSP. v. SHALALA

Nos. 96-55724, 96-55796.

130 F.3d 845 (1997)

ANAHEIM MEMORIAL HOSPITAL, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Defendant-Appellee. ANAHEIM MEMORIAL HOSPITAL, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 26, 1997.

Attorney(s) appearing for the Case

Mitchell R. Miller, Attorney at Law and the Law Offices of Jacob N. Segura, Beverly Hills, California, for the plaintiff-appellant.

Gerard Keating, Department of Health and Human Services, Washington, DC, for the defendant-appellee.

Before: REINHARDT and TASHIMA, Circuit Judges, and SHADUR, District Judge.

TASHIMA, Circuit Judge:

In French Hosp. Med. Ctr. v. Shalala, 89 F.3d 1411 (9th Cir.1996) ("French Hospital"), we held that the reopening of a Medicare cost report entitles the provider to appeal only the "issue" on which the report had been reopened. On these consolidated appeals, we face the question which logically follows: How broad is the "issue" that was reopened?

I. BACKGROUND

A. The Statutory...

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