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CHW WEST BAY v. THOMPSON

No. 99-17123.

246 F.3d 1218 (2001)

CHW WEST BAY, dba Seton Medical Center, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2001

Attorney(s) appearing for the Case

Robert Klein, Foley & Lardner, Los Angeles, California, for the plaintiff-appellant.

Richard K. Waterman, Regional Counsel DHHS, San Francisco, California, for the defendant-appellee.

Before: ALFRED T. GOODWIN, PROCTER HUG, JR., and WILLIAM A. FLETCHER, Circuit Judges.

Argued and Submitted February 15, 2001 — San Francisco, California

GOODWIN, Circuit Judge:

Appellant CHW West Bay, dba Seton Medical Center ("Seton") appeals a summary judgment in favor of Shalala, the Secretary of Health and Human Services ("Secretary"). Seton asserts that the fiscal intermediary and Appellee acted improperly by failing to grant it an incentive payment for successfully keeping its operation costs for the Fiscal Year Ending ("FYE")...

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