
    HERRICK HOSPITAL AND HEALTH SYSTEM, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary of the Department of Health and Human Services, Defendant-Appellee.
    No. 99-16971.
    D.C. No. CV-98-01691-VRW.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted Feb. 15, 2001.
    Decided May 24, 2001.
    Before GOODWIN, HUG, and W. FLETCHER, Circuit Judges.
    
      
       Tommy G. Thompson is substituted for his predecessor, Donna E. Shalala, as Secretary of Health and Human Services. Fed. R.App. P. 43(c)(2).
    
   MEMORANDUM

We affirm based upon the well-reasoned decision of the District Court filed on July 21, 1999. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
     