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SAMARITAN HEALTH CENTER v. BOWEN

Civ. A. No. 85-0464.

646 F.Supp. 343 (1986)

SAMARITAN HEALTH CENTER, et al., Plaintiffs, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, District of Columbia.

September 26, 1986.

Attorney(s) appearing for the Case

James L. Feldesman and Arthur R. Bregman, Klores, Feldesman & Tucker, Washington, D.C., for plaintiffs.

Richard K. Willard, Asst. Atty. Gen., Joseph diGenova, U.S. Atty., Sheila Lieber and Felicia Chambers, U.S. Dept. of Justice, Washington, D.C., Ronald E. Robertson, Gen. Counsel, Ann Hunsaker, Asst. Gen. Counsel, Andrew Batavia, Atty., U.S. Dept. of Health & Human Services, Washington, D.C., for defendant.

MEMORANDUM

OBERDORFER, District Judge.

The Deficit Reduction Act of 1984, Pub.L. No. 98-369, § 2315(h), 98 Stat. 494, 1080 (hereinafter "the Act"), provides that:

The Secretary of Health and Human Services shall, prior to December 31, 1984 — (1) develop and publish a definition of "hospitals that serve a significantly disproportionate number of patients who have low income or are entitled to benefits under part A" of...

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