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ST. MARK'S CHARITIES LIQUIDATING TRUST v. SHALALA

No. 97-4047.

141 F.3d 978 (1998)

ST. MARK'S CHARITIES LIQUIDATING TRUST, George E. Bates, Trustee, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 14, 1998.

Attorney(s) appearing for the Case

Charles P. Sampson (Carl F. Huefner with him on the brief), Suitter Axland, Salt Lake City, UT, for appellant.

Anthony J. Steinmeyer, Department of Justice, Washington, DC, for appellee.

Before BRISCOE, McWILLIAMS, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff St. Mark's Charities Liquidating Trust, the successor to St. Mark's Hospital, a former provider of Medicare services, appeals the district court's judgment affirming a final administrative decision of the Secretary of Health and Human Services. We affirm.

I.

St. Mark's opened in 1973 and participated as a provider in the Medicare program until 1987. Pursuant to Medicare regulations, it claimed an annual allowance...

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