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AMERICAN HOSPITAL MANAGEMENT CORP. v. HARRIS

No. 77-3906.

638 F.2d 1208 (1981)

AMERICAN HOSPITAL MANAGEMENT CORP., Plaintiff-Appellant, v. Patricia HARRIS, Secretary of Health & Human Services; Blue Cross of Northern California, Blue Cross Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1981.

Attorney(s) appearing for the Case

Paul A. Schumann, Schumann & Shain, San Francisco, Cal., for plaintiff-appellant.

William T. McGivern, Asst. U. S. Atty., San Francisco, Cal., White, Giambroni & Walters, Oakland, Cal., for defendants-appellees.

Before KENNEDY, SKOPIL and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Appellant American Hospital Management Corporation [AHMC] appeals from a dismissal of its action challenging the validity and applicability of 42 C.F.R. § 405.427 (1980).1 We affirm the judgment of dismissal.

The facts are not in dispute. In 1972, AHMC owned and operated Unity Hospital in San Francisco. AHMC was at that time in extreme financial difficulty...

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