Sullivan
Samaritan Health Service v. Sullivan
Opinion
Opinion
898 F.2d 156 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SAMARITAN HEALTH SERVICE d/b/a Thunderbird Samaritan Hospital and Health Service, Plaintiff, Appellant, v. Louis J. SULLIVAN, M.D., * Secretary of Health and Human Services, Defendant, Appellee, No. 88-15328. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1989. Decided March 23, 1990. Before FLETCHER, FERGUSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Samaritan Health Services ("Samaritan"), an Arizona non-profit corporation, appeals from the order of the district court which granted summary judgment in favor of the Secretary of Health and Human Services. The district court found that it had no jurisdiction to hear Samaritan's appeal because Samaritan had failed to exhaust its administrative remedies pursuant to 42 U.S.C. Sec. 1395oo(a). We affirm. BACKGROUND FACTS 3 Samaritan owned and operated Glendale Samaritan ("Glendale facility") and had provider…