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ST. CLOUD HOSP. v. SULLIVAN

Civ. No. 4-92-999.

813 F.Supp. 685 (1993)

ST. CLOUD HOSPITAL, Plaintiff, v. Louis W. SULLIVAN, M.D. Secretary of the Department of Health and Human Services, Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 5, 1993.

Attorney(s) appearing for the Case

Kevin J. Hughes, St. Cloud, MN, Ronald N. Sutter, Barbara E. Straub, Powers Pyles & Sutter, Washington, DC, for plaintiff.

Patricia R. Cangemi, U.S. Atty. Office, Minneapolis, MN, Sheila Lieber, U.S. Dept. of Justice, Federal Programs Branch, Joseph W. Lobue, U.S. Dept. of Justice, Federal Programs Branch — Civil Div., Washington, DC, for defendant.

ORDER

DOTY, District Judge.

This matter is before the court on cross-motions for summary judgment. Plaintiff St. Cloud Hospital has asked the court to invalidate a new regulation promulgated by the Secretary of Health and Human Services ("the Secretary") alleging it is arbitrary and capricious, contrary to congressional intent, and inconsistent with the Medicare Act. The Secretary defends the regulation as a...

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