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CREIGHTON OMAHA REGIONAL HEALTH CARE v. SULLIVAN

Nos. 91-1449, 91-1450.

950 F.2d 563 (1991)

CREIGHTON OMAHA REGIONAL HEALTH CARE CORPORATION, a Nebraska nonprofit corporation, Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Appellant. CREIGHTON OMAHA REGIONAL HEALTH CARE CORPORATION, a Nebraska nonprofit corporation, Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1991.

Attorney(s) appearing for the Case

Jamie G. Crawford, Kansas City, Mo., argued, for appellant, Paul W. Madgett, Omaha, Neb. on the brief.

Lyman L. Larsen, Omaha, Neb., for appellee.

Before WOLLMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and ROSS, Senior Circuit Judge.

WOLLMAN, Circuit Judge.

The Secretary of Health and Human Services (the "Secretary") and Creighton Omaha Regional Health Care Corporation (the "Hospital") both appeal from the district court's decision regarding the reimbursement of expenses the Hospital claimed it incurred in caring for Medicare patients. We affirm in part and reverse in part.

I.

Until its sale in 1984, the Hospital participated in the Medicare program. Under Medicare, the Secretary...

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