680 F.2d 1211

UNITED STATES of America, Appellee, v. The LUTHERAN MEDICAL CENTER-Richard H. Young Memorial Hospital, Appellant.

No. 81-2183.

United States Court of Appeals, Eighth Circuit.

Submitted May 18, 1982.

Decided June 22, 1982.

*1212J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Thomas D. Thalken, U. S. Atty., Omaha, Neb., Anthony J. Steinmeyer, John S. Koppel, Attys., Civ. Div., Dept, of Justice, Washington, D. C., for appellee.

Alex M. Clarke, Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Neb., for appellant.

Before BRIGHT and McMILLIAN, Circuit Judges, and HARRIS, Senior District Judge.*

BRIGHT, Circuit Judge.

This appeal presents the issue whether the general statute of limitations applicable to actions brought by the United States, governs an action for recoupment brought under a federal statute that does not contain a specific statute of limitations. The district court1 held that the general statute of limitations does not apply. We affirm.

In 1968, Lutheran Medical Center (Lutheran) received a grant of $659,495 from the United States under the Community Mental Health Centers Act (the Act), 42 U.S.C. § 2681 et seq. (1964), for use in the construction of a community mental health center. Lutheran officially opened its facility on January 1,1973. By August 1, 1973, Lutheran failed to meet the conditions of the federal grant to operate a community mental health center. See 42 U.S.C. § 2691(c) (1970); 42 C.F.R. § 54.212 (1975).

On October 18, 1979, the United States instituted this action for recoupment of funds granted to Lutheran. The Act provides that the United States may recover a proportionate amount of funds (according to a statutorily prescribed formula) if the grantee ceases to provide the services of a community health center within twenty years after completion of construction. See 42 U.S.C. § 2695 (1970); see also 42 U.S.C. § 2689m (1976).2

*1213The defendant, Lutheran, moved for summary judgment on the ground that the United States had instituted this action more than six years after Lutheran failed to provide the services of a community mental health center as required by the Act. Although the Act does not contain a specific statute of limitations, Lutheran maintained that the general six-year statute of limitations applicable to actions by the United States barred this suit. See 28 U.S.C. § 2415 (1976).3

*1214The United States also moved for partial summary judgment, contending that no genuine issue of material fact existed between the parties, and that it should recover a specified amount from Lutheran pursuant to the Act because Lutheran had ceased to provide the requisite services within twenty years of completing construction of its facility without a determination of good cause by the Secretary for such failure.

The district court rejected Lutheran’s statute of limitations defense, and determined that the United States had established its entitlement to partial summary judgment as a matter of law. Lutheran brings this appeal from a nonfinal order by permission of this court and the district court under 28 U.S.C. § 1292(b).

In considering the statute of limitations issue, the district court relied on United States v. City of Palm Beach Gardens, 635 F.2d 337, cert, denied, 454 U.S. 1081, 102 S.Ct. 635, 70 L.Ed.2d 615 (1981). In Palm Beach Gardens, the Fifth Circuit refused to apply the general six-year statute of limitations of 28 U.S.C. § 2415 in an action brought by the United States under analogous recoupment provisions of the Hill-Burton Act, to recover federal grant funds earmarked for hospital construction. -Concluding that 28 U.S.C. § 2415 does not apply to this action for recoupment under the Community Mental Health Centers Act, the district court granted the United States partial summary judgment and directed that the case proceed further in the district court.

Judge Schatz has written a comprehensive, well-reasoned opinion covering all issues presented on this appeal, with which we agree. Our elaboration on that opinion would serve no- purpose. Accordingly, we affirm on the basis of the district court opinion.

United States v. Lutheran Medical Center
680 F.2d 1211

Case Details

Name
United States v. Lutheran Medical Center
Decision Date
Jun 22, 1982
Citations

680 F.2d 1211

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!