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MERCY HOSP. & MEDICAL CENTER, SAN DIEGO v. HARRIS

No. 78-1425.

625 F.2d 905 (1980)

MERCY HOSPITAL AND MEDICAL CENTER, SAN DIEGO, a California non-profit organization, Plaintiff-Appellant, v. Patricia HARRIS, U.S. Department of Health and Human Services, Blue Cross of Southern California, a California Corporation; and Blue Cross Association, an Illinois Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1980.

Attorney(s) appearing for the Case

Steven Gourley, Memel, Jacobs, Pierno & Gersh, Los Angeles, Cal., for plaintiff-appellant.

Jonathan Schuman, Baltimore, Md., argued for defendants-appellees; John R. Neece, Asst. U. S. Atty., San Diego, Cal., on brief.

Before SNEED and WRIGHT, Circuit Judges, and FITZGERALD, District Judge.

FITZGERALD, District Judge.

Mercy Hospital (Mercy) is a provider of services under the Medicare Act. 42 U.S.C. §§ 1395-1395rr.1 Mercy appeals the district court's grant of summary judgment affirming the Secretary's denial of Mercy's claims for partial reimbursement of deficits arising from operation of its outpatient clinic.

The district court's jurisdiction was conferred by 42 U.S.C. § 1395oo (f) and the...

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