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MOTHER FRANCES HOSP. OF TYLER, TEXAS v. SHALALA

No. 6:92 CV 337.

818 F.Supp. 990 (1993)

MOTHER FRANCES HOSPITAL OF TYLER, TEXAS, Plaintiff, v. Donna SHALALA, PH.D., Secretary of Health and Human Services, et al., Defendants.

United States District Court, E.D. Texas, Tyler Division.

March 23, 1993.

Attorney(s) appearing for the Case

Dan M. Peterson, Washington, DC, Thomas M. Alleman, Tyler, TX, for plaintiff.

Steven MacArthur Mason, Asst. U.S. Atty., Tyler, TX, for defendants.

MEMORANDUM OPINION

JUSTICE, District Judge.

I. Background and Procedural History

In 1987, plaintiff, Mother Frances Hospital ("Hospital"), retired its 1983 series bonds by issuing, in replacement, $64,000,000.00 in 1987 series bonds. The Hospital allegedly sustained a loss of $11,671,393.00,2 and claimed $4,565,362.00 as the allowable amount to be reimbursed by the Department of Health and Human Services ("HHS"), through...

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