ST. FRANCIS HEALTH CARE CENTRE v. SHALALA

No. 98-3965.

205 F.3d 937 (2000)

ST. FRANCIS HEALTH CARE CENTRE, Plaintiff-Appellant, v. Donna SHALALA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 25, 2000.


Attorney(s) appearing for the Case

Jenifer A. Belt (briefed), Dennis P. Witherell (argued and briefed), Shumaker, Loop & Kendrick, Toledo, Ohio, for Plaintiff-Appellant.

Thomas C. Fox, Gina M. Cavalier, Reed, Smith, Shaw, & McClay, Washington, DC, for Amicus Curiae.

Holly Taft Sydlow, Office of the U.S. Attorney, Western Division, Toledo, Ohio, Ted Yasuda (argued and briefed), U.S. Department of Health & Human Services, Office of the General Counsel, Region V, Chicago, Illinois, for Defendant-Appellee.

Before: JONES, MOORE, and GILMAN, Circuit Judges.


NATHANIEL R. JONES, J., delivered the opinion of the court, in which MOORE, J., joined. GILMAN, J. (pp. 948-951), delivered a separate dissenting opinion.

OPINION

NATHANIEL R. JONES, Circuit Judge.

Plaintiff-Appellant St. Francis Health Care Centre ("St. Francis") appeals the district court's grant of summary judgment for Defendant-Appellee Donna Shalala, Secretary of the Department of Health and Human Services ("Secretary"). St. Francis contends...

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