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UNIVERSITY OF IOWA HOSPITALS & CLINICS v. SHALALA

No. 97-1943.

180 F.3d 943 (1999)

UNIVERSITY OF IOWA HOSPITALS AND CLINICS, Plaintiff-Appellant, v. Donna E. SHALALA, in her Official Capacity as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed June 8, 1999.

Attorney(s) appearing for the Case

Dennis M. Barry, Washington, D.C., argued, Gordon Allen, Des Moines, IA, on the brief for appellant.

Michael R. Fry, HHS, Kansas City, MO, argued, John E. Beamer, AUSA, Des Moines, IA, on the brief, for appellee.

BEFORE: MURPHY, JOHN R. GIBSON, and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit J.

The University of Iowa Hospitals and Clinics commenced this action in the district court to appeal the Secretary's determination of the Hospital's "per resident amount" under the Medicare program,1 which determines the reimbursement made annually to the Hospital (and other teaching hospitals like it) for Medicare's share of the costs of graduate medical education. The Secretary and the Hospital both moved for...

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