946 F2d 1564 Georgetown University Hospital v. W Sullivan

946 F.2d 1564

292 U.S.App.D.C. 84

GEORGETOWN UNIVERSITY HOSPITAL, et al.,
v.
Louis W. SULLIVAN, M.D., Secretary, Department of Health and
Human Services, Appellant.
GEORGE WASHINGTON UNIVERSITY HOSPITAL, ET AL.
v.
Louis W. SULLIVAN, M.D., Secretary, Department of Health and
Human Services, Appellant.

Nos. 90-5032, 90-5033.

United States Court of Appeals, District of Columbia Circuit.

Dec. 14, 1990.

NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant.

BEFORE: MIKVA, RUTH BADER GINSBURG and CLARENCE THOMAS, Circuit Judges.

ORDER

PER CURIAM.


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1

Upon consideration of the motions for summary affirmance, the responses thereto and the replies, it is

2

ORDERED that the motions be granted as to the issue of the applicable interest rate. See St. Agnes Hospital, et al. v. Sullivan, 905 F.2d 1563 (D.C.Cir.1990). As to the remaining issue of allocation of the Secretary's partial payments, the motions are denied. The merits of the parties' positions are not so clear so as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C.Cir.1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C.Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980).

3

The Clerk is directed to file a copy of this order in each of the above-captioned cases.

4

The Clerk is directed to withhold issuance of the mandates herein until resolution of the remainder of the appeals.