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RAPIDES REGIONAL MEDICAL CTR. v. SECRETARY, DEPARTMENT OF VETERANS' AFFAIRS

No. 91-5097.

974 F.2d 565 (1992)

RAPIDES REGIONAL MEDICAL CENTER, Plaintiff, Intervenor-Defendant-Appellee, v. SECRETARY, DEPARTMENT OF VETERANS' AFFAIRS, Defendant, Intervenor-Defendant-Appellant, and St. Frances Cabrini Hospital, Movant, Intervenor-Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 13, 1992.

Attorney(s) appearing for the Case

David P. Spence, Jeffrey A. Riggs, Provosty, Sadler & deLaunay, Alexandria, La., for St. Frances Cabrini Hosp.

Joseph S. Cage, Jr., U.S. Atty., John R. Halliburton, Asst. U.S. Atty., Shreveport, La., Jonathan R. Siegel, Anthony J. Steinmeyer, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, D.C., for Secretary, Dept. of Veterans' Affairs.

Charles S. Weems, III, Jimmy R. Faircloth, Jr., Kenneth O. Ortego, Dir., Gold, Weems, Bruser, Sues & Rundell, Alexandria, La., for Rapides Regional Medical Center.

Before GOLDBERG, JONES, and DeMOSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 13, 1992.

EDITH H. JONES, Circuit Judge:

The centerpiece of this dispute is a dual energy linear accelerator, a sophisticated radiation therapy device used on cancer patients. Two hospitals in Rapides Parish, Louisiana — one private, the other operated by the Department of Veterans Affairs (VA) — entered into a "sharing agreement" for the acquisition and joint use of such an accelerator. Under the...

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