# University of Cincinnati, D/B/A University Hospital v. Secretary of Health and Human Services

> Court of Appeals for the Sixth Circuit · January 15, 1987 · 809 F.2d 307

URL: https://www.frixlaw.com/law-library/cases/9475733

## Case

- **Full name:** UNIVERSITY OF CINCINNATI, D/B/A University Hospital, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** January 15, 1987
- **Citations:** 809 F.2d 307; 37 Educ. L. Rep. 66; 1987 U.S. App. LEXIS 1031
- **Precedential status:** Published
- **Opinion:** Concurrence by Merritt
- **Judges:** Merritt, Jones, Thomas
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Bowen v. Adams House Health Care, 485 U.S. 1018 (1988).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9475733

## Opinion text

MERRITT, Circuit Judge,
concurring.
Since this case was argued and submitted on April 25, 1985, Judge Engel on October 6, 1986, in his unanimous opinion for the Court has decided the issue under submission here.
Baptist Hospital East v. Secretary, 802 F.2d 860 , decides precisely the same issue presented on this appeal. We are controlled by that decision. For that reason, I concur in the result reached in the opinion circulated by Judge Thomas.
*320 NATHANIEL R. JONES, Circuit Judge, concurring.
This Court’s decision in Baptist Hospital East v. Secretary, 802 F.2d 860 (6th Cir. 1986) addressed the issue before us on this appeal. Because we are controlled by that decision, I concur in the result of Judge Thomas’ opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9475733. Public record. Not legal advice.