Summary
agreeing with the Jewish Hospital decision
Summary of this case from Metro. Hosp., Non-Profit Corp. v. U.S. Dep't of Health & Human Servs.Opinion
No. 95-4126EM
Submitted May 16, 1996
Filed May 22, 1996
Counsel who presented argument on behalf of the appellant was Scott McIntosh, Washington, D.C. Additional attorney appearing on the brief was Anthony J. Steinmeyer
Counsel who presented argument on behalf of the appellee was Ronald N. Sutter, Washington, D.C.
Appeal from the United States District Court for the Eastern District of Missouri.
Before McMILLIAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
Donna E. Shalala, Secretary of Health and Human Services, appeals the adverse grant of summary judgment by the district court in favor of Deaconess Health Services Corporation. Deaconess Health Servs. Corp. v. Shalala, 912 F. Supp. 438 (E.D. Mo. 1995). Having carefully reviewed the record and the parties' briefs, we conclude summary judgment was properly granted. Our decision is guided by the Sixth Circuit's recent decision in Jewish Hosp., Inc. v. Secretary of Health Human Servs., 19 F.3d 270 (6th Cir. 1994). We thus affirm on the basis of the district court's thorough, well-reasoned opinion. See 8th Cir. R. 47B.