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CATHEDRAL ROCK OF NORTH COLLEGE HILL v. SHALALA

No. 99-4149.

223 F.3d 354 (2000)

CATHEDRAL ROCK OF NORTH COLLEGE HILL, INC., d/b/a Beechknoll Convalescent Center, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 5, 2000.

Attorney(s) appearing for the Case

Geoffrey E. Webster (argued), J. Randall Richards (briefed), Columbus, OH, for Plaintiff-Appellant.

Jan M. Holtzman, Asst. U.S. Attorney, Office of the U.S. Attorney, Cincinnati, OH, Ted Yasuda (briefed), U.S. Department of Health & Human Services, Office of the General Counsel, Region V, Chicago, IL, for Defendants-Appellees.

Before: BATCHELDER, MOORE, and BEEZER, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which BEEZER, J., joined. BATCHELDER, J. (pp. 367-68), delivered a separate opinion concurring in the judgment.

OPINION

MOORE, Circuit Judge.

Cathedral Rock of North College Hill, Inc. d/b/a Beechknoll Convalescent Center ("Beechknoll")1 is a nursing facility appealing the dismissal of its complaint for lack of subject matter jurisdiction. In its complaint, Beechknoll...

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