Legal Opinion
Springdale Memorial Hospital Association, Inc. v. Otis R. Bowen, M.D., Secretary of Health & Human Services
Court of Appeals for the Eighth Circuit
Decided September 10, 1987No. 86-1745PublishedCited by 1 opinion
1Opinion of the Court
Order Denying Petition for Rehearing En Banc
The petition for rehearing en banc has been considered by the court and is denied by reason of the lack of majority of active judges voting to rehear the case en banc.
HEANEY, Circuit Judge, with whom LAY, Chief Judge, and McMILLIAN, Circuit Judge, join.
I would grant the petition for rehearing en banc. The majority not only overrides the decision of the district court, but reaches a decision that is contrary to every prior Court of Appeals decision. See Doctors Hospital, Inc. v. Bowen, 811 F.2d 1448 (11th Cir.1987); Sunshine Health Systems, Inc. v.…
2Cases cited4 opinions
- Washington Hospital Center v. BowenCourt of Appeals for the D.C. Circuit · 1986
- Tucson Medical Center v. HecklerDistrict Court, District of Columbia · 1985
- St. Francis Hospital v. BowenCourt of Appeals for the Fourth Circuit · 1986
- Sunshine Health Systems, Inc. v. BowenCourt of Appeals for the Ninth Circuit · 1987
3Cited by1 opinion
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