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BAPTIST HOSP. EAST v. SULLIVAN

Civ. A. No. C 90-0059-L(A).

767 F.Supp. 139 (1991)

BAPTIST HOSPITAL EAST, et al., Plaintiffs, v. Dr. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, et al., Defendants.

United States District Court, W.D. Kentucky, at Louisville.

April 2, 1991.

Attorney(s) appearing for the Case

J. Larry Cashen, Robert A. Heath, Wyatt, Tarrant & Combs, Louisville, Ky., for plaintiffs.

James Barr, Asst. U.S. Atty., Bruce R. Granger, Chief Counsel, Lana Smith Senseniger, Asst. Regional Counsel, Region IV, U.S. Dept. of Health and Human Services, Atlanta, Ga., for defendants.

MEMORANDUM OPINION

ALLEN, Senior District Judge.

This action pursuant to the Medicare program, Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq., to review the final decision of the Secretary of the Department of Health and Human Services ["Secretary"], is before the Court on cross motions for summary judgment. Fed.R. Civ.P. 56. Jurisdiction is proper pursuant to 42 U.S.C. § 1395oo (f). Plaintiffs are four acute care...

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