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SAINE v. HOSPITAL AUTHORITY OF HALL COUNTY

No. 73-3054.

502 F.2d 1033 (1974)

Lola SAINE, Plaintiff-Appellant, v. The HOSPITAL AUTHORITY OF HALL COUNTY and the City of Gainesville and the Secretary of the Department of Health, Education and Welfare, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 11, 1974.

Attorney(s) appearing for the Case

James E. Palmour, III, Gainesville, Ga., John R. Myer, Atlanta, Ga., for plaintiff-appellant.

James A. Dunlap, Gainesville, Ga., John W. Stokes, Jr., U. S. Atty., Julian M. Longley, Jr., Asst. U. S. Atty., Atlanta, Ga., for defendants-appellees.

Before GODBOLD, SIMPSON and INGRAHAM, Circuit Judges.

GODBOLD, Circuit Judge:

Plaintiffs sued the Hospital Authority of Hall County and City of Gainesville [Georgia] and the Secretary of Health, Education and Welfare, claiming damages against the Authority and injunctive relief against the Secretary ordering him to compel the Authority to cease violating the Hill-Burton Act, 42 U.S.C. § 291 et seq. Jurisdiction was predicated upon the Hill-Burton Act itself.

The court dismissed for failure to state a claim...

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