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MEMORIAL HOSPITAL/ADAIR COUNTY v. HECKLER

Civ. A. Nos. 84-2518, 82-3208.

639 F.Supp. 434 (1986)

MEMORIAL HOSPITAL/ADAIR COUNTY HEALTH CENTER, INC., Plaintiff, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

June 20, 1986.

Attorney(s) appearing for the Case

Richard L. Dashefsky, Gibson, Dunn & Crutcher, Washington, D.C., for plaintiff.

Andrew I. Batavia, Office of General Counsel, Dept. Health and Human Services, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

JACKSON, District Judge.

These consolidated cases present an issue as to whether a hospital whose total costs are unexceptional is thereby entitled to reimbursement under the Medicare Act, 42 U.S.C. §§ 1395-1395xx (1982 & Supp. II 1984), for the extraordinary expenses of a single costly state-of-the-art service it elects to operate.

Plaintiff Memorial Hospital/Adair County Health Center ("Memorial"), a small general...

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