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DeSOTO GENERAL HOSPITAL v. HECKLER

No. CA 83-1050-B.

617 F.Supp. 110 (1984)

DeSOTO GENERAL HOSPITAL, et al. v. Margaret M. HECKLER, et al.

United States District Court, M.D. Louisiana.

June 20, 1984.

POLOZOLA, District Judge.

This matter is before the Court on cross-motions for summary judgment. Oral argument was heard on these motions on December 14, 1983.

The Court finds that the regulation regarding reimbursement for malpractice costs (the "Malpractice Rule"), § 405.452(b)(1)(ii), promulgated by the Secretary of Health, Education, and Welfare (now the Department of Health and Human Services), is arbitrary...

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