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FLETCHER ALLEN HEALTH CARE, INC. v. SHALALA

No. 2:97-CV-172.

22 F.Supp.2d 313 (1998)

FLETCHER ALLEN HEALTH CARE, INC., Plaintiff, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, D. Vermont.

October 8, 1998.

Attorney(s) appearing for the Case

Heather Elizabeth Ross, Downs, Rachlin & Martin, P.C., Burlington, VT, Albert W. Shay, Sonnenschein Nath & Rosenthal, Washington, DC, for Fletcher Allen Health Care, Inc., plaintiff.

Nancy J. Creswell, Assist. U.S. Atty., Office of the United States Attorney, Burlington, VT, for Donna E. Shalala, defendant.

OPINION AND ORDER

SESSIONS, District Judge.

Fletcher Allen Health Care, Inc. ("the Hospital"), a private, not-for-profit teaching hospital in Burlington, Vermont, has sought judicial review of a determination by the Secretary of Health and Human Services ("Secretary" or "HHS") regarding Medicare's reimbursement of a portion of the Hospital's graduate medical education costs. Before the Court are the parties' cross-motions for summary judgment. Upon...

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