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SPRINGDALE MEMORIAL HOSP. ASS'N, INC. v. BOWEN

No. 86-1745.

828 F.2d 491 (1987)

SPRINGDALE MEMORIAL HOSPITAL ASSOCIATION, INC., Appellee, v. Otis R. BOWEN, M.D., Secretary of Health & Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

September 10, 1987.

Attorney(s) appearing for the Case

J. Michael Fitzhugh, U.S. Atty., Fort Smith, Ark., for appellant.

Charles Harwell, Cypert, Crough & Clark, Springdale, Ark., for appellee.

Prior Report: 818 F.2d 1377.

Order Denying Petition for Rehearing En Banc

The petition for rehearing en banc has been considered by the court and is denied by reason of the lack of majority of active judges voting to rehear the case en banc.

HEANEY, Circuit Judge, with whom LAY, Chief Judge, and McMILLIAN, Circuit Judge, join.

I would grant the petition for rehearing en banc. The majority not only overrides...

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