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DELAWARE COUNTY MEMORIAL HOSP. v. SULLIVAN

Civ. A. No. 89-7151.

836 F.Supp. 238 (1991)

DELAWARE COUNTY MEMORIAL HOSPITAL v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, et al.

United States District Court, E.D. Pennsylvania.

June 27, 1991.

Attorney(s) appearing for the Case

Diane G. Wiener, Duane, Morris & Heckscher, Philadelphia, PA, for plaintiff.

Linda L. Shafer, U.S. Dept. of Justice, Philadelphia, PA, Linda A. Ruiz, Office of General Counsel/Health Care Financing Div., Dept. of Health & Human Services, Baltimore, MD, Marilyn May, U.S. Attorney's Office, Philadelphia, PA, for defendants.

MEMORANDUM and ORDER

SHAPIRO, District Judge.

I. INTRODUCTION

Before the court are cross-motions for summary judgment. Plaintiff Delaware County Memorial Hospital ("DCMH") filed a complaint for declaratory relief and money allegedly due under the health costs reimbursement program established under Title XVIII of the Social Security Act ("Medicare"). 42 U.S.C. § 1395 et seq. In 1979-80, plaintiff settled uninsured malpractice...

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