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CARRAWAY METHODIST MEDICAL CENTER v. HECKLER

Civ. A. No. 82-C-2655-S.

582 F.Supp. 1337 (1984)

CARRAWAY METHODIST MEDICAL CENTER, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. Alabama, S.D.

March 22, 1984.

Attorney(s) appearing for the Case

William D. Wise, Birmingham, Ala., Margaret M. Manning, Sanford V. Teplitzky, Deborah A. Randall, Ober, Grimes & Shriver, Baltimore, Md., for plaintiff.

Frank W. Donaldson, U.S. Atty., Herbert J. Lewis, III, Asst. U.S. Atty., Mary P. Thornton, Birmingham, Ala., for defendant.

MEMORANDUM OF OPINION GRANTING SUMMARY JUDGMENT FOR PLAINTIFF

CLEMON, District Judge.

Two questions are presented for review by this action: (1) is the interpretation by the Secretary of the Department of Health and Human Services ("the Secretary") of 42 C.F.R. § 405(d)(10) a reasonable one, and (2) does substantial evidence support the determination by the Secretary that the intermediate care unit ("IMC") of plaintiff Carraway Methodist Medical Center...

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