U.S. v. NBC BANK-ROCKDALE

No. 92-8623.

7 F.3d 63 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. NBC BANK-ROCKDALE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 1993.


Attorney(s) appearing for the Case

C. Dean Davis, Davis & Davis, P.C., Austin, TX, for defendant-appellant.

Ernest C. Garcia, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., Marguerita Lokey, Asst. Reg. Counsel, U.S. Dept. Human & Health Service, Austin, TX, for plaintiff-appellee.

Before HIGGINBOTHAM, DAVIS, and SMITH, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Federal grants to a hospital under the Hill-Burton Act are conditioned on the hospital maintaining its non-profit status for the twenty years following the grant. A transferee within the twenty year period failing to abide the non-profit condition faces certain repayment obligations. Today we decide that such a transfer after the twenty year period does not carry to the transferee the liability to repay.

I

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