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LUTHERAN HEALTH CARE ASS'N OF ST. LOUIS v. SHALALA

No. 4:98CV00099 SNL.

24 F.Supp.2d 1002 (1998)

LUTHERAN HEALTH CARE ASSOCIATION OF ST. LOUIS, MISSOURI D/B/A Lutheran Medical Center Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. Missouri, Eastern Division.

October 28, 1998.

Attorney(s) appearing for the Case

Jay L. Levitch, Partner, Stolar Partnership, St. Louis, MO, Robert E. Mazer, Robert E. Mazur, Jillian Wilson, Ober and Kaler, Baltimore, MD, for Lutheran Health Care Ass'n of St. Louis, Missouri d/b/a Lutheran Medical Center.

Wesley D. Wedemeyer, Office of U.S. Attorney, St. Louis, MO, for Social Security Administration, Donna E. Shalala.

MEMORANDUM AND ORDER

LIMBAUGH, District Judge.

This matter is before the Court on cross motions for summary judgment. Plaintiff, the operator of a hospital facility which was certified as a provider of services under Part A of the Medicare Program, 42 U.S.C. § 1395x(u), appeals from the order of the Secretary of Health and Human Services declining to review an agency decision.

Under the Medicare Program, providers such as plaintiff are...

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