Opinion · Court of Appeals for the Ninth Circuit

Phoenix Baptist Hospital & Medical Center v. Heckler

Phx. Baptist Hosp. & Med. Ctr. v. Heckler, 776 F.2d 877 (9th Cir. 1985)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1985-11-19
Topic
bankruptcy

776 F.2d 877 PHOENIX BAPTIST HOSPITAL & MEDICAL CENTER, INC., a nonprofit corporation dba Phoenix Baptist Hospital and Medical Center, Plaintiff/Appellant v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant/Appellee. No. 84-2732. United States Court of Appeals, Ninth Circuit.

Citator

UpLaw has not yet analyzed Phoenix Baptist Hospital & Medical Center v. Heckler. The absence of a flag is not a finding that it is good law.

776 F.2d 877

PHOENIX BAPTIST HOSPITAL & MEDICAL CENTER, INC., a nonprofit
corporation dba Phoenix Baptist Hospital and
Medical Center, Plaintiff/Appellant
v.
Margaret M. HECKLER, Secretary of Health and Human Services,
Defendant/Appellee.

No. 84-2732.

United States Court of Appeals,
Ninth Circuit.

Nov. 19, 1985.

1

Patric Hooper, Weissburg & Aronson, Inc., Los Angeles, Cal., for plaintiff-appellant.

2

Michael R. Power, San Francisco, Cal., for defendant-appellee.

3

Before ANDERSON and CANBY, Circuit Judges and IDEMAN* District Judge.

ORDER

4

The opinion in this case, filed August 5, 1985, and appearing at 767 F.2d 1304, is modified as follows:

5

Replace footnote 5 at page 1307 with the following:

6

The Secretary's liquidity requirement is reasonably derived from the regulatory purpose of funding depreciation "as a means of conserving funds for the replacement of depreciable assets." 42 C.F.R. Sec. 405.415(e). The requirement represents no more than "a fine tuning of doctrine that does not require rulemaking unless it imposes severe hardship or circumvents existing rules." Cities v. FERC, 723 F.2d 656, 659 (9th Cir.1984).

7

The opinion having been so amended the petition for rehearing is denied. The full court having been advised of the amendment, and no judge having objected to the amendment or having called for rehearing en banc, the suggestion for rehearing en banc is rejected.

*

The Honorable James M. Ideman, United States District Judge for the Central District of California, sitting by designation