SIMKINS v. MOSES H. CONE MEMORIAL HOSPITAL

No. 8908.

323 F.2d 959 (1963)

G. C. SIMKINS, Jr., A. W. Blount, Jr., et al., Plaintiffs, and United States of America, Intervenor, Appellants, v. The MOSES H. CONE MEMORIAL HOSPITAL, a Corporation, Harold Bettis, Director of The Moses H. Cone Memorial Hospital, and Wesley Long Community Hospital, a Corporation, and A. O. Smith, Administrator of the Wesley Long Community Hospital, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 1, 1963.


Attorney(s) appearing for the Case

Jack Greenberg, New York City (James M. Nabrit, III, New York City, Michael Meltsner, New York City, and Conrad O. Pearson, Durham, N. C., on brief), for appellants other than the United States.

Harold H. Greene, Dept. of Justice, (Burke Marshall, Asst. Atty. Gen., William H. Murdock, U. S. Atty., St. John Barrett and Howard A. Glickstein, Attys., Dept. of Justice, on brief), for the United States, intervenor, appellant.

Charles E. Roth, Greensboro, N. C. (Herbert S. Falk, Greensboro, N. C., on brief), for The Moses H. Cone Memorial Hospital and Harold Bettis, its Director, appellees.

Thornton H. Brooks, Greensboro, N. C. (Thomas O. Moore, Jr., and McLendon, Brim, Holderness & Brooks, Greensboro, N. C., on brief), for Wesley Long Community Hospital, Inc., and A. O. Smith, appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.


SOBELOFF, Chief Judge.

The threshold question in this appeal is whether the activities of the two defendants, Moses H. Cone Memorial Hospital and Wesley Long Community Hospital, of Greensboro, North Carolina, which participated in the Hill-Burton program, are sufficiently imbued with "state action" to bring them within the Fifth and Fourteenth Amendment prohibitions against racial discrimination. Beyond this initial inquiry...

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