APPALACHIAN REGIONAL HEALTHCARE, INC. v. U.S.

Attorney(s) appearing for the Case

Joe W. Fleming, II, Washington, DC, argued for plaintiff-appellee.

Terrence S. Hartman, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Of counsel were Henry Goldberg and Charles Bailey, Office of Gen. Counsel, Dept. of Health and Human Services.

Thomas Lewis Nelson, Boult, Cummings, Conners & Berry, Nashville, TN, Edgar C. Morrison, Jr., Cauthorn Hale Tobin & Hornberger, San Antonio, TX, and John R. Hellow, Hooper, Lundy & Bookman, Los Angeles, CA, were on the brief, for the amicus curiae, Texas Hosp. Ass'n.

Before PLAGER, Circuit Judge, COWEN, Senior Circuit Judge, and LOURIE, Circuit Judge.