CATHOLIC MED. CEN. OF BROOKLYN & QUEENS, INC. v. ROCKEFELLER

No. 69-C-641.

305 F.Supp. 1256 (1969)

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, 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.

United States District Court E. D. New York.

October 21, 1969.


Attorney(s) appearing for the Case

Harris, Beach & Wilcox, Rochester, N. Y., for plaintiffs; by James M. Hartman, Rochester, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, for defendants; by George D. Zuckerman, Asst. Atty. Gen., of counsel.

Before FRIENDLY, Circuit Judge, MISHLER and JUDD, District Judges.


INTERIM MEMORANDUM

JUDD, District Judge.

This case presents another aspect of the involvement of Federal courts in the expanding responsibility of government for areas of health and welfare which were previously occupied largely by private charity.

The Basic Issue

The basic issue is whether the charitable hospitals of New York have valid objections, under either the Constitution or the Social Security Act, to a 1969 New York statute...

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