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MT. SINAI HOSP. MEDICAL CENTER v. SHALALA

No. 99-1195.

196 F.3d 703 (1999)

MT. SINAI HOSPITAL MEDICAL CENTER, Plaintiff-Appellee, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 1999.

Attorney(s) appearing for the Case

Larry Mason, Katten, Muchin & Zavis, Chicago, IL, Dorothy Voss Ward (argued), Kamensky & Rubinstein, Lincolnwood, IL, for plaintiff-appellee.

Kathrine S. Gruenheck (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, Kathryn Ann Kelly, Office of U.S. Attorney, Civil Division, Chicago, IL, for defendant-appellant.

Before BAUER, FLAUM, and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

Donna Shalala, the Secretary of Health and Human Services (the "Secretary"), appeals the district court's denial of her motion for summary judgment, and its entry of summary judgment in favor of Mt. Sinai Hospital Medical Center ("Mt. Sinai"), claiming that Mt. Sinai is not entitled to reimbursement of Medicare bad debts for the 1985 and 1986 fiscal years. For the reasons set out below we agree with the Secretary, and we reverse the decision...

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