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IN RE LUDLOW HOSP. SOC., INC.

No. 97-1014.

124 F.3d 22 (1997)

In re LUDLOW HOSPITAL SOCIETY, INC., Debtor. David J. NOONAN, Trustee, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 13, 1997.

Attorney(s) appearing for the Case

Claudia J. Reed, Springfield, MA, with whom David J. Noonan and Cohen, Rosenthal P.C. were on brief for appellant.

Jeffrey Clair, Attorney, Appellate Staff Civil Division, Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Washington, DC, Donald K. Stern, United States Attorney, Boston, MA, and William Kanter, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, DC, were on brief, for appellee.

Before TORRUELLA, Chief Judge, CYR, Senior Circuit Judge, and BOUDIN, Circuit Judge.

CYR, Senior Circuit Judge.

David J. Noonan, chapter 7 trustee ("the Trustee") for Ludlow Hospital Society, Inc. ("the Hospital"), appeals a district court judgment vacating two bankruptcy court orders entered pursuant to Bankruptcy Code § 105, 11 U.S.C. § 105(a). The challenged orders purportedly extended the one-year regulatory deadline imposed by the Secretary, United States Department of Health and Human Services ("HHS"), for hospitals formerly participating...

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