BEVERLY COMMUNITY HOSPITAL ASSOCIATION, a California non-profit public benefit corporation, d/b/a Beverly Hospital; Bellwood Medical Corporation, d/b/a Bellwood General Hospital; Chico Community Hospital Medical Center, Inc., d/b/a Chico Community Rehabilitation Hospital, d/b/a Chico Community Hospital; Hollywood Community Hospital Medical Center, Inc., d/b/a Hollywood Community Hospital Of Van Nuys, d/b/a Hollywood Community Hospital Of Hollywood; Lancaster Hospital Corporation, d/b/a Lancaster Community Hospital, et al., Plaintiffs-Appellees,
v.
Kimberly BELSHE, Director of the California Department of Health Services, Defendant-Appellant.
CALIFORNIA AMBULANCE ASSOCIATION, Plaintiff-Appellee,
v.
Donna E. SHALALA, Secretary of the United States Department of Health and Human Services, Defendant,
and
Kimberly Belshe, Director of the California Department of Health Services, Defendant-Appellant.
CALIFORNIA AMBULANCE ASSOCIATION, Plaintiff-Appellee,
v.
Donna E. SHALALA, Secretary of United States Department of Health and Human Services, Defendant-Appellant.
CALIFORNIA MEDICAL ASSOCIATION; California Academy Of Family Physicians; California Society Of Anesthesiologists; California Urological Association; California Chapter Of The American College Of Emergency Physicians; California Chapter Of The American College Of Cardiology; California Society Of Internal Medicine; California Society Of Physical Medicine & Rehabilitation; California Radiology Society, Chapter Of The American College Of Radiology, Plaintiffs-Appellees,
v.
Donna E. SHALALA, Secretary of United States Department of Health and Human Services; S. Kimberly Belshe, Director of the California Department of Health Services, Defendants-Appellants.
Richard GILMORE, M.D.; Saraf Protap, M.D., Plaintiffs-Appellees,
v.
Donna E. SHALALA, Secretary of the United States Department of Health and Human Resources, Defendant,
S. Kimberly Belshe, Director of Health Services, Defendant-Appellant.
Richard GILMORE, M.D., individually and on behalf of all those similarly situated; Pratap Saraf, M.D., individually and on behalf of all those similarly situated, Plaintiffs-Appellees,
v.
Donna E. SHALALA, Ph.D., Secretary of the United States Department of Health and Human Services; S. Kimberly Belshe, Director of the California Department of Health Services, Defendants-Appellants.
CALIFORNIA MEDICAL ASSOCIATION; California Academy Of Family Physicians; California Society Of Anesthesiologists; California Urological Association; California Chapter Of The American College Of Emergency Physicians; California Chapter Of The American College Of Cardiology; California Society Of Internal Medicine; California Society Of Physical Medicine & Rehabilitation; California Radiology Society, Chapter Of The American College Of Radiology, Plaintiffs-Appellees,
v.
Donna E. SHALALA, Secretary of the United States Department of Health and Human Services, Defendant-Appellant.
Donald R. MacPHERSON, Jr., as Successor in interest to decedent Christina MacPherson & MacPherson Oil Company Employee Welfare Benefit Plan, Plaintiff-Appellant,
v.
EMPLOYERS HEALTH INSURANCE, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 6, 1997.
Decided December 2, 1997.
Attorney(s) appearing for the Case
Laurie R. Pearlman, California Attorney General, Los Angeles, California, for defendant-appellant Belshe.
John R. Hellow and Kevin M. Corbett, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for plaintiffs-appellees Beverly Community Hosp. Ass'n.
Alisa B. Klein, United States Department of Justice, Civil Division, Washington, DC, for the amicus.
Charlton G. Holland III and Ralph Johnson, California Attorneys General, San Francisco, California; Alisa B. Klein, United States Department of Justice, Civil Division, Washington, DC, for defendants-appellants Belshe and Shalala.
William J. Bush, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, San Francisco, California, for plaintiffs-appellees California Ambulance Ass'n.
Michael A. Greene, Greenburg, Glusker, Fields, Claman & Machtinger LLP, Los Angeles, California; Bruce S. Sperling, Sperling, Slater & Spitz, P.C., Chicago, Illinois; Harvey J. Barnett, Harvey J. Barnett & Associates, P.C., Chicago, Illinois, for plaintiff-appellee Gilmore..
Before: REINHARDT and TASHIMA, Circuit Judges, and SHADUR, District Judge.
United States Court of Appeals, Ninth Circuit.
SHADUR, District Judge:
We address here a question of first impression, not only in this Circuit but (understandably in light of the recency of the legislation involved) in any court: whether a congressional enactment adopted in August 1997, but stating that it is retroactive and applicable to pending cases, calls for approval of the reading that has been given to the pre-enactment version of the same legislation by the...
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