North Clackamas Community Hospital v. Patricia Harris

664 F.2d 701 NORTH CLACKAMAS COMMUNITY HOSPITAL, dba Dwyer Memorial Hospital, Plaintiff-Appellant, v. Patricia HARRIS, * Secretary of Health and Human Services, the United Statesof America; Provider Reimbursement Review Board; Blue Cross Association andBlue Cross of Oregon, Defendants- Appellees. No. 77-2556. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1979. Decided Dec. 31, 1980. Joy D. Abele, Jack, Goodwin & Urbigkeit, Oregon City, Or., for plaintiff-appellant. Patrick E. McBride, Seattle, Wash., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before WALLACE and KENNEDY, Circuit Judges, and ORRICK, ** District Judge. KENNEDY, Circuit Judge: 1 In 1971, North Clackamas Community Hospital (NCCH), an Oregon nonprofit corporation, purchased Dwyer Memorial Hospital. Thereafter, it sought reimbursement under the Medicare Act, 42 U.S.C. §§ 1395 -1395rr (1976 & Supp. II 1978), for the yearly amortization of certain intangible assets acquired in the purchase. Blue Cross of Oregon, as agent of the United States, disallowed the reimbursement, and the appellee Secretary, 1 through the…