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HOSPITAL AFFILIATES INTERN., INC. v. SCHWEIKER

No. CIV-1-81-107.

543 F.Supp. 1380 (1982)

HOSPITAL AFFILIATES INTERNATIONAL, INC. v. Richard SCHWEIKER, in his official capacity as Secretary of Health & Human Services.

United States District Court, E. D. Tennessee, S. D.

July 30, 1982.

Attorney(s) appearing for the Case

Thomas, Mann & Gossett, Chattanooga, Tenn., for plaintiff.

W. Thomas Dillard, U. S. Atty., Chattanooga, Tenn., for defendant.

MEMORANDUM

FRANK W. WILSON, Chief Judge.

This is an action under the Medicare Act, 42 U.S.C. §§ 1395 et seq. (1976) as amended. The plaintiff alleges that it suffered a capital loss when it sold a capital asset to Downtown Hospital Association (DHA) in 1975 (¶ 11, Court File # 1). It is alleged that this loss was the result of the failure of Hospital Affiliates International (HAI) adequately to depreciate the building and equipment...

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