The VIRGINIA HOSPITAL ASSOCIATION, Plaintiff-Appellee,
v.
Gerald BALILES, Governor of Virginia; Eva S. Teig, Secretary of Human Resources of Commonwealth of Virginia; Bruce U. Kozlowki, Director, Medical Assistance Services; Bette O. Kanter, Member State Board of Medical Assistance Services; Joseph M. Teefy, Member State Board of Medical Assistance Services; R. Michael Berryman, Member State Board of Medical Assistance Services; Ford Tucker Johnson, Sr., D.D.S. Member State Board of Medical Assistance Services; A. Epps, Jr., Medical Doctor; Ruth Hanft, Member State Board of Medical Assistance Services; Bertha L. Davis, Ph.D., Member State Board of Medical Assistance Services; Kathleen Leutze, Member State Board of Medical Assistance Services; Robert N. Lambeth, Jr., Member State Board of Medical Assistance Services; Elsa A. Porter, Member State Board of Medical Assistance Services; John N. Simpson, Member State Board of Medical Assistance Services; Defendants-Appellants,
State of Alaska; State of Arizona; State of California; State of Florida; State of Georgia; State of Idaho; State of Indiana; State of Kansas; State of Michigan; State of Minnesota; State of Missouri; State of New Hampshire; State of New Jersey; State of New Mexico; State of North Dakota; Commonwealth of Pennsylvania; State of Rhode Island; State of South Carolina; State of South Dakota; State of Tennessee; State of Vermont; State of Wisconsin; State of Wyoming; American Hospital Association Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 31, 1988.
Decided February 22, 1989.
Rehearing and Rehearing Denied March 22, 1989.
Attorney(s) appearing for the Case
Roger Lewis Chaffe, Senior Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., R. Claire Guthrie, Deputy Atty. Gen., Pamela M. Reed, Virginia R. Manhard, Asst. Attys. Gen., on brief), for defendants-appellants.
Martin Andrew Donlan, Jr. (Judith B. Henry, Peter M. Mellette, Lynne Fleming, Crews & Hancock on brief), for plaintiff-appellee.
(Gregory M. Luce, Irwin Cohen, Martha Ellett, Eric Schwartz, Fulbright & Jaworski; Michael F. Anthony, American Hosp. Ass'n on brief), for amicus curiae American Hosp. Ass'n.
(Dave Frahnmayer, Atty. Gen. of Oregon, William F. Gary, Deputy Atty. Gen., Virginia L. Linder, Sol. Gen., Kendall M. Barnes, Jr., Asst. Atty. Gen., Grace Berg Schaible, Atty. Gen. of Alaska, Robert K. Corbin, Atty. Gen. of Arizona, John K. Vandekamp, Atty. Gen. of California, Robert A. Butterworth, Atty. Gen. of Florida, Michael J. Bower, Atty. Gen. of Georgia, James T. Jones, Atty. Gen. of Idaho, Linley E. Pearson, Atty. Gen. of Indiana, Robert T. Stephan, Atty. Gen. of Kansas, Frank J. Kelley, Atty. Gen. of Michigan, Hubert H. Humphrey, III, Atty. Gen. of Minnesota, William L. Webster, Atty. Gen., State of Missouri, Brian McKay, Atty. Gen. of Nevada, Stephen E. Merrill, Atty. Gen. of New Hampshire, Cary Edwards, Atty. Gen. of New Jersey, Hal Stratton, Atty. Gen. of New Mexico, Nicholas Spaeth, Atty. Gen. of North Dakota, Leroy S. Zimmerman, Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Com. of Pa., James E. O'Neil, Atty. Gen. of Rhode Island, T. Travis Medlock, Atty. Gen. of South Carolina, Roger A. Tellinghuisen, Atty. Gen. of South Dakota, W.J. Michael Cody, Atty. Gen. of Tennessee, Jeffrey L. Amestoy, Atty. Gen. of Vermont, Donald J. Hanaway, Atty. Gen. of Wisconsin, Joseph B. Meyer, Atty. Gen. of Wyoming, on brief), for State amici curiae.
Before RUSSELL and ERVIN, Circuit Judges, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Rehearing and Rehearing In Banc Denied March 22, 1989.
ERVIN, Circuit Judge:
Defendants, officials of the government of the Commonwealth of Virginia,1 (hereinafter collectively referred to as "Virginia") appeal the denial of their motion for summary judgment seeking to dismiss an action commenced against them by the Virginia Hospital Association ("VHA"). VHA is a nonprofit organization, the members of which are all public or private...
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