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SUNSHINE HEALTH SYSTEMS, INC. v. BOWEN

Nos. 85-6368, 86-6338.

809 F.2d 1390 (1987)

SUNSHINE HEALTH SYSTEMS, INC., dba Christian Hospital Medical Center, Plaintiff-Appellee, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 6, 1987.

Attorney(s) appearing for the Case

Thomas J. Weiss, Los Angeles, Cal., for plaintiff-appellee.

Edward R. Cohen, Washington, D.C., for defendant-appellant.

Before TANG and BRUNETTI, Circuit Judges, and JAMESON, District Judge.

TANG, Circuit Judge:

The Secretary of Health and Human Services (Secretary) appeals from the district court's summary judgment holding that one of the Secretary's Medicare regulations is invalid. The district court held that 42 C.F.R. § 412.71(a)(2) (1985) is inconsistent with 42 U.S.C. § 1395ww(b)(5) (1982) and that the Secretary's designation of the Christian Hospital Medical Center, owned by Sunshine Health Systems, Inc. (Sunshine), as a "new hospital...

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