EURESTI v. STENNER

No. 71-1393.

458 F.2d 1115 (1972)

Rafaela EURESTI et al., Plaintiffs-Appellants, v. Richard STENNER, as Administrator of the Weld County General Hospital, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 13, 1972.


Attorney(s) appearing for the Case

Marilyn G. Rose, Los Angeles, Cal. (Kirk Wickersham, Jr., Denver, Colo., and Jean Dubofsky, Boulder, Colo., on the briefs), for plaintiffs-appellants.

Ronald Lee Cooke, Denver, Colo. (Edward J. Krisor, Jr., Schneider, Shoemaker, Wham & Cooke, Denver, Colo., Samuel S. Telep, and Thomas A. Richardson, Greeley, Colo., on the brief), for defendants-appellees.

L. Patrick Gray, III, Asst. Atty. Gen., Dept. of Justice, James L. Treece, U. S. Atty., Walter H. Fleischer, Atty., Dept. of Justice, Sidney Edelman, Asst. Gen. Counsel, Dept. of Health, Education and Welfare, and Donald N. Young, Atty., Dept. of Health, Education and Welfare, filed a brief for the United States, amicus curiae.

Before CLARK, Associate Justice, and HILL and DOYLE, Circuit Judges.


Mr. Justice CLARK:

Appellants seek through this class action to compel the administrators, trustees and county commissioners, who operate the Weld County Hospital, to provide a reasonable amount of free or below costs services to them and others similarly situated. The claim is based on Title VI of the Public Health Service Act, 42 U.S.C. § 291 et seq., popularly known as the Hill-Burton Act, which provides for federal grants of funds to a State and private parties...

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