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ST. FRANCIS HEALTH CARE CENTRE v. SHALALA

No. 3:97 CV 7559.

10 F.Supp.2d 887 (1998)

ST. FRANCIS HEALTH CARE CENTRE, Plaintiff, v. Donna A. SHALALA, etc., Defendant.

United States District Court, N.D. Ohio, Western Division.

July 13, 1998.

Attorney(s) appearing for the Case

Dennis P. Witherell, Rolf H. Scheidel, Shumaker, Loop & Kendrick, Toledo, OH, for St. Francis Health Care Center.

Holly Taft Sydlow, Office of the U.S. Attorney, Toledo, OH, for Donna A. Shalala.

Thomas C. Fox, Gina M. Cavalier, Reed, Smith, Shaw & McClay, Washington, DC, for Catholic Health Association of the United States.

MEMORANDUM OPINION

KATZ, District Judge.

This case presents the issue of whether the interpretive guideline promulgated by the Defendant Secretary of the United States Department of Health and Human Services ("the Secretary") and set forth in Transmittal No. 378, Provider Reimbursement Manual § 2534.5, is a proper interpretation of 42 U.S.C. § 1395yy and 42 C.F.R. § 413.30(f), for determining the amount of the exception from the routine...

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