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HOWARD YOUNG MEDICAL CENTER INC. v. SHALALA

No. 99-2035.

207 F.3d 437 (2000)

HOWARD YOUNG MEDICAL CENTER, INCORPORATED, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 2000.

Rehearing and Rehearing Denied June 13, 2000.

Attorney(s) appearing for the Case

Daniel F. Miller (argued), Vonbriesen, Purtell & Roper, Milwaukee, WI, for Plaintiff-Appellant.

Richard D. Humphrey, Office of the United States Attorney, Madison, WI, John E. Bizot (argued), Department of Health and Human Services, Region V, Social Security Administration, Chicago, IL, for Defendant-Appellee.

Before COFFEY, FLAUM and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 13, 2000.

COFFEY, Circuit Judge.

On July 22, 1998, Howard Young Medical Center, Inc. (Howard Young), a 99-bed hospital located in Woodruff, Wisconsin, appealed the Secretary of Health and Human Services' (Secretary) decision that it was not a sole community hospital.1 On December 4, 1999, the district court granted summary judgment in favor of the Secretary, concluding that the decision...

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