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MOTHER FRANCES HOSPITAL v. SHALALA

No. 93-4388.

65 F.3d 426 (1995)

MOTHER FRANCES HOSPITAL, Plaintiff-Appellant, v. Donna E. SHALALA, In her official capacity as Secretary of the Department of Health and Human Services; William Toby, Jr., In his official capacity as Acting Administrator of the Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 14, 1995.

Attorney(s) appearing for the Case

Dan M. Peterson, Thomas E. Dowdell, Fulbright & Jaworski, Washington, DC, for Mother Frances Hosp.

John P. Schnitker, Dept. of Justice, Civ. Div., Anthony J. Steinmeyer, Washington, DC, Bob Wortham, U.S. Atty., Office of Gen. Counsel, Dept. of Health and Human Services, Dallas, TX, for appellees.

Before JOHNSON, GARWOOD and JOLLY, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above case is GRANTED and the attached opinion is substituted in all respects for the opinion-order issued June 9, 1995.

(Opinion June 9, 1995, 5th Cir.1995, 56 F.3d 26)

Before JOHNSON, GARWOOD and JOLLY, Circuit Judges.

PER CURIAM:

The Supreme...

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