International Philanthropic Hospital Foundation v. United States

This case has come before us on defendant’s motion to dismiss. It is contended by the Government that plaintiffs claim is barred by the doctrine of res judicata. After careful consideration of all submissions, but without oral argument, we deny defendant’s motion to dismiss.

Plaintiff, the International Philanthropic Hospital Foundation, doing business as Granada Hills Community Hospital, is a California nonprofit corporation authorized to provide hospital services under part A of the Medicare Act. On July 1, 1966, plaintiff entered into agreement with the Secretary of the Department of…