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SUNSHINE HEALTH SYSTEMS, INC. v. BOWEN

No. 87-6065.

842 F.2d 1097 (1988)

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

United States Court of Appeals, Ninth Circuit.

Decided March 22, 1988.

As Amended May 10, 1988.

Attorney(s) appearing for the Case

Ian Fan, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellant.

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

Before ALARCON, FERGUSON and BEEZER, Circuit Judges.

FERGUSON, Circuit Judge:

The Secretary of the Department of Health and Human Services ("Secretary"), appeals the district court's amended final judgment awarding interest to Sunshine Health Systems, Inc. ("Sunshine"), at the rate of 15.875 percent. The Secretary argues that this interest rate is inapplicable to proprietary hospitals such as Sunshine, and that the proper interpretation of the statutory provision requiring payment of interest requires calculation at...

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