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ATHENS COMMUNITY HOSP., INC. v. SULLIVAN

Civ. A. No. 91-2650.

815 F.Supp. 1 (1992)

ATHENS COMMUNITY HOSPITAL, INC., et al., Plaintiffs, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant.

United States District Court, District of Columbia.

September 30, 1992.

Attorney(s) appearing for the Case

Louis Sullivan, John Schamann, Dept. of Justice, Civil Div., for defendant.

Athens Community Hosp., David T. Smorodin & W. David Allen Eaton, McClellan & Allen, Washington, D.C., for plaintiffs.

MEMORANDUM

GESELL, District Judge.

This case is before the Court on cross-motions for summary judgment. Plaintiffs, several hospitals in Tennessee and North Carolina, have asked the Court to declare invalid certain Medicare regulations promulgated by the Secretary of Health and Human Services (the Secretary), alleging that the regulations are arbitrary and capricious and inconsistent with the Medicare Act. The...

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