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Deaconess Health Services Corp. v. Shalala

United States Court of Appeals, Eighth Circuit
May 22, 1996
83 F.3d 1041 (8th Cir. 1996)

Summary

agreeing with the Jewish Hospital decision

Summary of this case from Metro. Hosp., Non-Profit Corp. v. U.S. Dep't of Health & Human Servs.

Opinion

No. 95-4126EM

Submitted May 16, 1996

Filed May 22, 1996

Counsel who presented argument on behalf of the appellant was Scott McIntosh, Washington, D.C. Additional attorney appearing on the brief was Anthony J. Steinmeyer

Counsel who presented argument on behalf of the appellee was Ronald N. Sutter, Washington, D.C.

Appeal from the United States District Court for the Eastern District of Missouri.

Before McMILLIAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


Donna E. Shalala, Secretary of Health and Human Services, appeals the adverse grant of summary judgment by the district court in favor of Deaconess Health Services Corporation. Deaconess Health Servs. Corp. v. Shalala, 912 F. Supp. 438 (E.D. Mo. 1995). Having carefully reviewed the record and the parties' briefs, we conclude summary judgment was properly granted. Our decision is guided by the Sixth Circuit's recent decision in Jewish Hosp., Inc. v. Secretary of Health Human Servs., 19 F.3d 270 (6th Cir. 1994). We thus affirm on the basis of the district court's thorough, well-reasoned opinion. See 8th Cir. R. 47B.


Summaries of

Deaconess Health Services Corp. v. Shalala

United States Court of Appeals, Eighth Circuit
May 22, 1996
83 F.3d 1041 (8th Cir. 1996)

agreeing with the Jewish Hospital decision

Summary of this case from Metro. Hosp., Non-Profit Corp. v. U.S. Dep't of Health & Human Servs.
Case details for

Deaconess Health Services Corp. v. Shalala

Case Details

Full title:Deaconess Health Services Corporation, doing business as Deaconess Medical…

Court:United States Court of Appeals, Eighth Circuit

Date published: May 22, 1996

Citations

83 F.3d 1041 (8th Cir. 1996)

Citing Cases

Metro. Hosp., Non-Profit Corp. v. U.S. Dep't of Health & Human Servs.

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42 C.F.R. § 412.106(b)(4). Between 1994 and 1996, the Fourth, Sixth, Eighth and Ninth Circuits addressed this…