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MADRY v. SOREL

No. 30217.

440 F.2d 1329 (1971)

Dr. John G. MADRY, Jr., Plaintiff-Appellant, v. Dr. Otto G. SOREL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 22, 1971.

Attorney(s) appearing for the Case

Gleason, Walker, Pearson & Ferrell, Melbourne, Fla., Carl W. Pearson, Titusville, Fla., J. Compton French, Landis, Graham, French, Husfeld, Sherman & Ford, Daytona Beach, Fla., for plaintiff-appellant.

Ralph Geilich, Elting L. Storms, G. W. Hedman, Storms, Pappas & Krasny, Melbourne, Fla., Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, Fla., Leon H. Handley, Jeff B. Clark, Orlando, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and PHILLIPS and INGRAHAM, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Doctor Madry attacked his 1966 suspension from the Brevard Hospital on the grounds that (i) as a Hill-Burton financed project the conduct of the Board of Governors was invested with requisite state action,1 42 U.S.C.A. § 1983, and (ii) that the suspension was constitutionally invalid for want of adequate, timely notice of the charges, accompanied by an opportunity for a fair hearing in which witnesses could...

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