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UNIVERSITY OF KENTUCKY v. SHALALA

Civ. A. No. 92-521.

858 F.Supp. 639 (1994)

UNIVERSITY OF KENTUCKY, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. Kentucky, Lexington.

January 13, 1994.

Attorney(s) appearing for the Case

Steven L. Beshear, Ashley W. Ward, Stites & Harbison, Lexington, KY, and Carel T. Hedlund, Ober, Kaler, Grimes & Shriver, Baltimore, MD, for plaintiff.

Dell M. Littrell, U.S. Attorney's Office, Lexington, KY, and Lana Smith Sensenig, U.S. Dept. of Health & Human Services, Atlanta, GA, for defendant.

MEMORANDUM OPINION

FORESTER, District Judge.

I. INTRODUCTION

Plaintiff University of Kentucky brings this action pursuant to Section 706 of the Administrative Procedure Act ("APA"), 5 U.S.C. § 706, to obtain judicial review of the final decision by the Defendant Secretary of Health and Human Services ("Secretary") concerning Medicare reimbursement under Part A to the Plaintiff's University Hospital for fiscal year ending ("FYE") June 30, 1987...

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