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BRADFORD HOSP. v. SHALALA

Civil Action No. 95-105.

954 F.Supp. 1031 (1996)

BRADFORD HOSPITAL, d/b/a Bradford Regional Medical Center, Plaintiff, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, W.D. Pennsylvania.

December 24, 1996.

Attorney(s) appearing for the Case

Terrence J. O'Rourke, Stephen R. Nash and David W. Thomas, Nash & Company, Pittsburgh, PA, for Plaintiff.

Jessica Lieber Smolar, United States Attorney's Office, Pittsburgh, PA, Jan M. Lindelius, Region III Counsel, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

This Court has jurisdiction over this civil action pursuant to 42 U.S.C. §§ 1331 and 1395oo. Bradford Hospital ("Bradford") challenges the validity of the regulations codified at 42 C.F.R. § 412.92(a)(3) which prevent it from being classified as a "sole community hospital." Presently pending before this Court are cross motions for summary judgment. For the reasons stated below, Plaintiff...

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