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SID PETERSON MEMORIAL HOSP. v. THOMPSON

No. 00-51138.

274 F.3d 301 (2001)

SID PETERSON MEMORIAL HOSPITAL, Plaintiff-Appellant, v. Tommy THOMPSON, Official Capacity as Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 2001.

Attorney(s) appearing for the Case

J.D. Epstein (argued), Michael Warren Mengis, Colleen M. Faddick, Vinson & Elkins, Houston, TX, for Plaintiff-Appellant.

Harold Edwin Brown, Jr., San Antonio, TX, Linda A. Banks (argued), U.S. Dept. of Health and Human Services, Washington, DC, for Defendant-Appellee.

Before KING, Chief Judge, and JOLLY and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Sid Peterson Memorial Hospital (SPMH) appeals the district court's grant of summary judgment in favor of Tommy Thompson, acting in his official capacity as the Secretary of Health and Human Services (the "Secretary"). SPMH filed this case is federal court pursuant to Title XVIII of the Social Security Act, 42 U.S.C. § 1395oo(f)(1), challenging the Secretary's decision denying the hospital's claim for reimbursement of interest expenses...

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