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CATHOLIC MED. CTR. OF BROOKLYN & QUEENS v. ROCKEFELLER

No. 921, Docket 35006.

430 F.2d 1297 (1970)

CATHOLIC MEDICAL CENTER OF BROOKLYN AND QUEENS, INC., DIVISION OF ST. MARY'S HOSPITAL, the Niagara Falls Memorial Hospital: and other hospitals similarly situated, Plaintiffs-Appellees, v. Nelson A. ROCKEFELLER, Governor of the State of New York; Hollis S. Ingraham, Commissioner of Health of the State of New York; George K. Wyman, Commissioner of Social Services of the State of New York; and T. Norman Hurd, Director of the Budget of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 29, 1970.

Attorney(s) appearing for the Case

James M. Hartman, Richard L. Epstein, William L. Dorr, Paul R. Braunsdorf, Rochester, N. Y., of counsel, for plaintiffs-appellees.

George D. Zuckerman, Lloyd G. Milliken, Asst. Attys. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., New York City, for defendants-appellants.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

PER CURIAM:

This is an appeal by the defendant officers of the State of New York from a declaratory judgment entered by a three judge district court sitting in the Eastern District of New York. The district court held, as the plaintiff hospitals had alleged in their first of three causes of action, that Chapters 184 and 957 of the New York Laws of 1969, amending Section 2807(2) of New York's Public Health Law, McKinney's Consol.Laws, c. 45, are in conflict with pertinent...

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