Legal Opinion

Bradford Hospital v. Shalala

District Court, W.D. Pennsylvania

Decided December 24, 1996No. Civil Action 95-105Published

1Opinion of the Court

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, Plaintiffs motion is denied, Defendant’s motion is granted, and judgment is entered in favor of the Secretary of the Department of Health and Human Services (the…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  5. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994

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