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GERMANTOWN HOSP. & MEDICAL CENTER v. SCHWEIKER

Nos. 83-1854, 84-5262.

738 F.2d 631 (1984)

The GERMANTOWN HOSPITAL AND MEDICAL CENTER, et al. v. SCHWEIKER, Richard S., Secretary of the Department of Health and Human Services. The United States Department of Health and Human Services and Davis, Carolyne K., Administrator Health Care Financing Administration. Appeal of The GERMANTOWN HOSPITAL AND MEDICAL CENTER, et al., in No. 83-1854. MEMORIAL OSTEOPATHIC HOSPITAL, et al. v. SCHWEIKER, Richard S., Secretary of the Department of Health and Human Services. The United States Department of Health and Human Services and Davis, Carolyne K., Administrator Health Care Financing Administration. Appeal of MEMORIAL OSTEOPATHIC HOSPITAL, et al., in No. 84-5262.

United States Court of Appeals, Third Circuit.

Decided July 10, 1984.

Attorney(s) appearing for the Case

Jane Elliott (argued), Roland Morris, Duane, Morris & Heckscher, Philadelphia, Pa., for appellants, No. 83-1854.

Jaclyn C. Taner, Washington, D.C. (argued), Susan Dein Bricklin, Asst. U.S. Atty., Philadelphia, Pa., for appellees, No. 83-1854.

Carolyn Mills, Duane, Morris & Heckscher, Philadelphia, Pa., for appellants, No. 84-5262.

Sally A. Lied, Asst. U.S. Atty., Harrisburg, Pa., for United States, No. 84-5262.

Jaclyn C. Taner, Dept. of Health & Human Services, Washington, D.C., for Secretary of Health & Human Services, No. 84-5262.

Before ALDISERT, Chief Judge, ROSENN, Circuit Judge, and GERRY, District Judge.

OPINION OF THE COURT

PER CURIAM.

Appellants herein challenge the constitutionality of § 106 of the Tax Equity and Fiscal Responsibility Act of 1982, 42 U.S.C. § 1395x(v)(1)(M).1 This section prohibits a health service provider from receiving reimbursement under the Medicare Act for the costs of providing indigent care services under § 603 of the Hill-Burton Act, 42 U.S...

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