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IN RE UNIVERSITY MEDICAL CENTER

Nos. 91-1407, 91-1438.

973 F.2d 1065 (1992)

In re UNIVERSITY MEDICAL CENTER, Debtor. UNIVERSITY MEDICAL CENTER, et al. v. Louis W. SULLIVAN, Secretary of the United States Department of Health and Human Services, et al. Louis W. Sullivan, Appellant No. 91-1407, Trustee in Bankruptcy on behalf of University Medical Center and the Unsecured Creditors Committee, Appellants No. 91-1438.

United States Court of Appeals, Third Circuit.

Decided August 24, 1992.

Rehearing and Rehearing Denied October 21, 1992.

Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Michael M. Baylson, U.S. Atty., William Kanter, Mark B. Stern, and Jeffrey Clair (argued), U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., for appellant/cross-appellee.

Mark H. Gallant (argued), James M. Matour, Todd L. Silverberg, and Howard A. Kirkwood, Jr., Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellees/cross-appellants.

Before: BECKER, ROTH, Circuit Judges, and McCUNE, District Judge.

Rehearing and Rehearing In Banc Denied October 21, 1992.

OPINION OF THE COURT

ROTH, Circuit Judge:

These consolidated cross-appeals by plaintiffs, University Medical Center ("UMC") and the Official Creditors' Committee, and defendant Louis W. Sullivan, Secretary of Health and Human Services, require us to delineate the appropriate relationship between a Medicare provider and the Department of Health and Human Services ("HHS" or "the Department")...

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