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JEWISH HOSP. v. DEPT. OF HEALTH & HUMAN SERV.

Civ. A. No. C 90-0791-L(A).

791 F.Supp. 168 (1992)

JEWISH HOSPITAL, INC., Plaintiff, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

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

March 16, 1992.

Attorney(s) appearing for the Case

R. Thomas Carter, Edward L. Schoenbaechler, Jan M. West, Goldberg & Simpson, Louisville, Ky., for plaintiff.

General Counsel, Dept. of Health & Human Services, Washington, D.C., Donald F. Dickey, Dept. of Health & Human Services, Baltimore, Md., James H. Barr, Asst. U.S. Atty., Louisville, Ky., for defendant.

MEMORANDUM OPINION

ALLEN, Senior District Judge.

This action is submitted to the Court on cross motions for summary judgment. Fed.R.Civ.P. 56. For the reasons set forth below, the defendant's motion will be granted, and the plaintiff's motion will be denied.

Plaintiff is a provider of hospital services as defined in 42 U.S.C. § 1395x(e) & (u). The defendant, Secretary of the Department of Health and Human Services, is a federal officer responsible...

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