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DIST. MEMORIAL HOSP. OF SOUTHWESTERN v. THOMPSON

No. 2:01CV259-C.

261 F.Supp.2d 378 (2003)

DISTRICT MEMORIAL HOSPITAL OF SOUTHWESTERN NORTH CAROLINA, INC., Plaintiff; v. Tommy THOMPSON, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, W.D. North Carolina, Bryson City Division.

February 4, 2003.

Attorney(s) appearing for the Case

Maureen Demarest Murray, Susan M. Fredenburg, Smith Moore, LLP, Greensboro, NC, for plaintiff.

Donald H. Caldwell, Jr., U.S. Attorney's Office, Charlotte, NC, Laura E. Ellis, Alex M. Azar, II, Sheree R. Kanner, Henry R. Goldberg, U.S. Dept. of HHS, Office of Gen. Counsel, Baltimore, MD, for defendant.

MEMORANDUM OF DECISION

COGBURN, United States Magistrate Judge.

This matter is before the Court on the parties' cross-motions for summary judgment. Having considered the parties' motions, briefs in support of their motions, and pleadings and having heard oral argument, the Court concludes that Plaintiffs Motion for Summary Judgment is due to be granted, and Defendant's Motion for Summary Judgment is due to be denied.

I. PROCEDURAL AND FACTUAL BACKGROUND...

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