Opinion · Court of Appeals for the Seventh Circuit

Edgewater Hospital, Inc. v. Bowen

866 F.2d 228

Type: Opinion
Court: Court of Appeals for the Seventh Circuit
Jurisdiction: Federal
Date: 1988-09-15
Topic: general

providing that a decision “must strike us as more than just maybe or probably wrong; it must ... strike us as wrong with the force of a five- week-old, unrefrigerated dead fish” | providing that a decision “must strike us as more than just maybe or probably wrong; it must . . . strike us as wrong with the force of a five-week-old, unrefrigerated dead fish” | describing the clearly erroneous standard as follows: “ ‘[M]ore than just maybe or probably wrong; it must *** strike us as wrong with the force of a five-week-old, unrefrigerated dead fish’ ” | describing the clearly erroneous standard as follows: "'[M]ore than just maybe or probably wrong; it must *** strike us as wrong with the force of a five-week-old, unrefrigerated dead fish" | law-of-the-case doctrine compelled finding of market power in replacement parts for single-brand engine | law-of-the-case doctrine compelled finding of market power in replacement parts for single-brand engine | "Ordinarily, matters decided on a prior appeal become the law of the case to be followed on a later appeal.” | "To be clearly erroneous, a decision must . . . strike us as wrong with the force of a five-week-old, unrefrigerated dead fish." | “As a general rule, the [law-of-the-case] doctrine does not extend to issues not presented or decided . . . .” | “As a general rule, the [law of the case] doctrine does not extend to issues not presented or decided . . .” | for an appellate court to reverse under a clearly erroneous standard, the decision must “strike us as wrong with the force of five-week old, unrefrigerated dead fish” | for an appellate court to reverse under a clearly erroneous standard, the decision must “ ‘strike us as wrong with the force of five-week-old, unrefrigerated dead fish’ ” | “To be clearly erroneous, a decision must strike [the Court] as more than just maybe or probably wrong; it must … strike [the Court] as wrong with the force of a five-week-old, unrefrigerated dead fish.” | "To be clearly erroneous, a decision must strike us as more than just maybe or probably wrong; it must . . . strike us as wrong with the force of a five-week-old, unrefrigerated dead fish." | “To be clearly erroneous, a decision must strike [the Court] as more than just maybe or probably wrong; it must . . . strike [the Court] as wrong with the force of a five-week-old, unrefrigerated dead fish.” | “To be clearly erroneous, a decision must strike [the Court] as more than just maybe or probably wrong; it must . . . strike [the Court] as wrong with the force of a five-week-old, unrefrigerated dead fish.” | “[T]o be clearly erroneous, a decision must strike [a court] as more than just maybe or probably wrong; it must . . . strike [the court] as wrong with the force of a five-week- old, unrefrigerated dead fish.”

Citator

Cited by: 88 opinions

EDGEWATER HOSPITAL, INC. v. BOWEN,866 F.2d 228(7th Cir. 1988)

THE EDGEWATER HOSPITAL, INC. PLAINTIFF-APPELLEE, v. OTIS R. BOWEN, M.D.,

SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLANT.

No. 87-1699.

United States Court of Appeals, Seventh Circuit.

September 15, 1988.

Rehearing and Rehearing En Banc Denied January 10, 1989.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 85 C 5866; Harry D. Leinenweber, Judge.

Before CUMMINGS and FLAUM, Circuit Judges, and GRANT, Senior District Judge.^fn*

[1] ORDER

[2] The Opinion of this court issued on September 15, 1988,857 F.2d 1123, should be amended as follows:

[3] Page 1134, first full sentence at top of col. 2 should be modified to read as follows:

Third, we hold that, since the Board has jurisdiction to review any matter covered by the cost report at issue,see42 U.S.C. § 1395oo(d);BethesdaHospital [Ass'n v. Bowen,___ U.S. ___] 108 S.Ct. [1255] at 1259 [99 L.Ed.2d 460(1988)], it certainly has jurisdiction to review the properly claimed cost items of Edgewater Hospital.

Honorable Robert A. Grant, Senior District Judge for the Northern District of Indiana, is sitting by designation. ↩