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PHOENIX BAPTIST HOSPITAL AND MEDICAL CENTER, INC. v. U.S.

No. 90-15244.

937 F.2d 452 (1991)

PHOENIX BAPTIST HOSPITAL AND MEDICAL CENTER, INC., et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1991.

Attorney(s) appearing for the Case

Richard B. Burnham, Gammage & Burnham, Phoenix, Ariz., for plaintiffs-appellants.

Sally M. Rider, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before SCHROEDER and FARRIS, Circuit Judges, and DUMBAULD, Senior District Judge.

FARRIS, Circuit Judge:

Phoenix Baptist Hospital and various Arizona health care providers appeal the dismissal of their Federal Tort Claims Act action, alleging that the Department of Health and Human Services was negligent in overseeing the administration of the experimental Arizona Health Care Cost Containment System. The district court held that it lacked subject matter jurisdiction because the federal government was protected by the discretionary function exception...

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