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MT. DIABLO HOSP. v. SHALALA

Nos. 90-15772, 90-15857.

3 F.3d 1226 (1993)

MT. DIABLO HOSPITAL, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. MEMORIAL HOSPITALS ASSOCIATION, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 26, 1993.

Attorney(s) appearing for the Case

Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, CA, for plaintiff-appellant Mt. Diablo Hosp.

Anita D. Lee, Weissburg & Aronson, Los Angeles, CA, for plaintiff-appellant Memorial Hospitals Ass'n.

John P. Schnitker, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

On Remand from the United States Supreme Court.

Before: D.W. NELSON, HALL, and FERNANDEZ, Circuit Judges.

PER CURIAM:

The Supreme Court, ___ U.S. ___, 113 S.Ct. 2955, 125 L.Ed.2d 657, vacated our previous judgment and remanded this case to us for further consideration in light of Good Samaritan Hospital v. Shalala, ___ U.S. ___, 113 S.Ct. 2151, 124 L.Ed.2d 368 (1993). We hereby withdraw our previous opinion in this case, Mt. Diablo Hospital v. Sullivan, 963 F.2d 1175 (9th Cir.1992), and substitute this Opinion.

Mt...

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