Opinion
No. 93-4388.
June 9, 1995.
Dan M. Peterson, Thomas E. Dowdall, Fulbright Jaworski, Washington, DC, for Mother Frances Hosp.
Bob Wortham, U.S. Atty., Office of Gen. Counsel, Dept. of Health Human Services, Dallas, TX, John P. Schnitker, Dept. of Justice, Civ. Div., Anthony J. Steinmeyer, Washington, DC, for appellee.
Appeal from the United States District Court for the Eastern District of Texas; William Wayne Justice, Judge.
ON REMAND FROM THE UNITED STATES SUPREME COURT
Before JOHNSON, GARWOOD and JOLLY, Circuit Judges.
The Supreme Court has vacated this Court's opinion in the above-captioned case, reported as Mother Frances Hospital of Tyler, Texas v. Shalala, 15 F.3d 423 (5th Cir. 1994), and has remanded this cause for further consideration in light of its recent decision in Shalala v. Guernsey Memorial Hospital, 514 U.S. ___, 115 S.Ct. 1232, 131 L.Ed.2d 106 (1995). Upon further consideration, we now AFFIRM the judgment of the district court in all respects.