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CULLMAN REGIONAL MEDICAL CENTER v. SHALALA

Civil Action No. 94-0945.

945 F.Supp. 287 (1996)

CULLMAN REGIONAL MEDICAL CENTER, Plaintiff, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

November 8, 1996.

Attorney(s) appearing for the Case

Bryon J. Gross, John R. Hellow, Hooper, Lundy & Bookman, Inc., Los Angeles, CA, W. David Allen, Eaton, McClellan & Allen, Washington, DC, for Plaintiff.

Kimberly N. Tarver, Harriet S. Rabb, Darrel J. Grinstead, Henry R. Goldberg, U.S. Attorney's Office, Washington, DC, Lawrence J. Harder, M. Susan Wiley, Dean S. Landis, Health Care Financing Division, Office of the General Counsel, U.S. Department of Health and Human Services, Baltimore, MD, for Defendant.

MEMORANDUM OPINION

KESSLER, District Judge.

I. Introduction

This action for declaratory and injunctive relief is brought under the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et. seq. Plaintiff Cullman Regional Medical Center ("Cullman") is a hospital located in Cullman, Alabama that provides Medicare Services. Defendant Donna E. Shalala, Secretary of the Department of Health and Human Services (the...

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