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No. 8945583
United States Court of Appeals for the Ninth Circuit
Phoenix Baptist Hospital & Medical Center, Inc. v. Heckler
No. 8945583 · Decided November 19, 1985
No. 8945583·Ninth Circuit · 1985·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 19, 1985
Citation
No. 8945583
Disposition
See opinion text.
Full Opinion
ORDER The opinion in this case, filed August 5, 1985, and appearing at 767 F.2d 1304 , is modified as follows: Replace footnote 5 at page 1307 with the following: 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. § 405.415 (e). The requirement represents no more than “a fine tuning of doctrine that does not require rule-making unless it imposes severe hardship or circumvents existing rules.” Cities v. FERC, 723 F.2d 656 , 659 (9th Cir.1984). 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.
Plain English Summary
ORDER The opinion in this case, filed August 5, 1985, and appearing at 767 F.2d 1304 , is modified as follows: Replace footnote 5 at page 1307 with the following: The Secretary’s liquidity requirement is reasonably derived from the regulato
Key Points
01ORDER The opinion in this case, filed August 5, 1985, and appearing at 767 F.2d 1304 , is modified as follows: Replace footnote 5 at page 1307 with the following: The Secretary’s liquidity requirement is reasonably derived from the regulato
02The requirement represents no more than “a fine tuning of doctrine that does not require rule-making unless it imposes severe hardship or circumvents existing rules.” Cities v.
03The opinion having been so amended the petition for rehearing is denied.
04The 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.
Frequently Asked Questions
ORDER The opinion in this case, filed August 5, 1985, and appearing at 767 F.2d 1304 , is modified as follows: Replace footnote 5 at page 1307 with the following: The Secretary’s liquidity requirement is reasonably derived from the regulato
FlawCheck shows no negative treatment for Phoenix Baptist Hospital & Medical Center, Inc. v. Heckler in the current circuit citation data.
This case was decided on November 19, 1985.
Use the citation No. 8945583 and verify it against the official reporter before filing.