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PALOMAR POMERADO HEALTH SYSTEM v. BELSHE

No. 98-15794.

180 F.3d 1104 (1999)

PALOMAR POMERADO HEALTH SYSTEM, a Health Care District, Plaintiff-Appellant, v. Kimberly BELSHE; Dieter Merkle; Curtis Cotton, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1999.

Attorney(s) appearing for the Case

Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, California, for plaintiff-appellant.

Marsha Ann Bedwell, Deputy Attorney General, Sacramento, California, for defendants-appellees.

Before: LAY, PREGERSON, and HAWKINS, Circuit Judges.

Opinion by Judge PREGERSON; Concurrence by Judge HAWKINS.

PREGERSON, Circuit Judge:

This action arises out of a California Department of Health Services ("DHS") audit of Plaintiff Palomar Pomerado Health System's billing practices.

DHS asks us to decide whether a health care district created by the State of California has standing to sue the state in a federal court to challenge the validity of state regulations on federal constitutional grounds. We...

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