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PHOENIX BAPTIST HOSP. & MEDICAL CENTER v. HECKLER

No. 84-2732.

776 F.2d 877 (1985)

PHOENIX BAPTIST HOSPITAL & MEDICAL CENTER, INC., a nonprofit corporation dba Phoenix Baptist Hospital and Medical Center, Plaintiff/Appellant v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

November 19, 1985.

Attorney(s) appearing for the Case

Patric Hooper, Weissburg & Aronson, Inc., Los Angeles, Cal., for plaintiff-appellant.

Michael R. Power, San Francisco, Cal., for defendant-appellee.

Before ANDERSON and CANBY, Circuit Judges and IDEMAN District Judge.

ORDER

The opinion in this case, filed August 5, 1985, and appearing at 767 F.2d 1304, is modified as follows:

Replace footnote 5 at page 1307 with the following:

The Secretary's liquidity requirement is reasonably derived from the regulatory purpose of funding depreciation "as a means of conserving funds for the replacement of depreciable assets." 42 C.F.R. § 405.415(e). The requirement represents no more than...

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