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NORTH BROWARD HOSP. DIST. v. SHALALA

No. 98-5164.

172 F.3d 90 (1999)

NORTH BROWARD HOSPITAL DISTRICT, et al., Appellees, v. Donna E. SHALALA, Secretary, U.S. Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1999.

Attorney(s) appearing for the Case

Anne M. Lobell, Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Frank W. Hunger, Assistant Attorney General, Wilma A. Lewis, U.S. Attorney, and Anthony J. Steinmeyer, Attorney, U.S. Department of Justice.

Ronald N. Sutter argued the cause and filed the brief for appellees.

Before SILBERMAN, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Congress has authorized Medicare reimbursement at a higher than usual rate to certain large urban hospitals that receive significant state and local funding apart from Medicaid and Medicare revenues. The Secretary of Health and Human Services ("HHS") appeals a decision of the district court rejecting her interpretation of the qualifications for eligibility under this provision...

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