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SARASOTA MEMORIAL HOSP. v. SHALALA

No. 94-2683.

60 F.3d 1507 (1995)

SARASOTA MEMORIAL HOSPITAL; Venice Hospital; HCA Doctors Hospital of Sarasota; Englewood Community Hospital, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 11, 1995.

Attorney(s) appearing for the Case

Carel T. Hedlund, Baltimore, MD and Dennis Rex Ferguson, Tampa, FL, for appellants.

Gary J. Takacs, Tamra Phipps, Asst. U.S. Attys., Tampa, FL, Lana Smith Sensenig, U.S. Dept. of Health & Human Services, Office of Gen. Counsel, Atlanta, GA, and Warren Zimmerman, Asst. U.S. Atty., Tampa, FL, for appellee.

Before DUBINA, Circuit Judge, RONEY and ESCHBACH, Senior Circuit Judges.

DUBINA, Circuit Judge:

Plaintiffs/Appellants, four hospitals in the Sarasota, Florida Metropolitan Statistical Area ("MSA"), appeal from the district court's grant of summary judgment in favor of the Secretary of Health and Human Services ("the Secretary") denying the hospitals' claim that they were entitled to an adjustment to the wage index that was used to calculate their Medicare reimbursement payments for fiscal years 1986 through 1988. The district court's order...

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